All Case of the week articles – Page 11
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NewsAmec vs Universal Steels: Withholding documents as bargaining tool
Fenwick Elliott discusses a case in which Amec tried to obtain an injuction to make Universal deliver quality assurance document
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NewsChristopher Michael Linnett vs Halliwells: Adjudicator's fees
Can an adjudicator recover fees from a party that raises questions about jurisdiction? Fenwick Elliott discusses
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NewsBrookfield vs Foster and HOK Sport: Reviewing obligations
Fenwick Elliott discussed yet another dispute that has arisen from the Wembley stadium project
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NewsFurmans Electrical Contractors vs Elecref: working hours
Fenwick Elliott discusses a dispute over reasonable payment for hours of work
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NewsBovis Lend Lease vs Trustees of the London Clinic: Loss, expenses and natural justice
The factsBovis applied for summary judgment for the enforcement of an adjudicator's decision. The dispute arose out of a contract made between Bovis and the clinic by which Bovis agreed to carry out and complete a redevelopment of a medical consulting facility. The contract was the JCT Standard Form (1998), ...
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NewsCivil Procedure Rules: Dalkia Energy and Technical Services vs Bell Group
Fenwick Elliot discusses a row over terms of a station repair project
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NewsBinding decisions: YCMS vs Stephen and Miriam Grabiner
Fenwick Elliott discusses the adjudicator's jurisdiction
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Comment
Adjudicators jurisdiction
The CaseDeerglen (Jersey) (“Deerglen”) was the main contractor employed to design and build a six-storey office building known Liberty Wharf Phase three in Jersey. Deerglen engaged Air Design (Kent) (“Air Design”) as a subcontractor to carry out the mechanical services work for the project. A written agreement for “basebuild” works ...
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CommentOral agreements
The CaseThe claimant applied for summary judgment to enforce an adjudicator's decision whereby the defendant was ordered to pay £12,449.70, plus VAT and interest.The claimant was a subcontractor employed by the defendant to manufacture, deliver and install three full flights of stairs from a basement to the second floor of ...
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CommentEnforcing a summary judgement
The CaseJackson engaged VGC to provide various construction services relating to the provision of ducts and cabling on the M3 Motorway. The sub-contract overran by 26 weeks. Following the submission of applications for payment 13 and 14, and the imposition of various set-offs by Jackson, VGC commenced adjudication. The referral ...
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CommentWitholding payment
The CaseThere were a number of issues before the court. The first was whether or not the claimant's application for payment was valid and whether the engineer's certificate was valid. Second, the court was required to consider whether or not the failure to send the certificate to the correct party ...
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Comment
Family ties
The CaseIn an earlier decision of Mr Justice Akenhead enforcing an adjudicator's decision, Mr Dawes was ordered to pay a total judgment debt of £1,239,310.12. This was paid into Treasure's bank account, and had in fact come from the account of Hayley Dawes, the daughter of Martin Dawes. The parties ...
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Comment
Permission to appeal
The CaseThis case concerns an application by the claimant, Majorboom, for permission to appeal under section 69 of the Arbitration Act 1996 on several questions of law arising from an arbitrator's award.Majorboom developed a property in Manchester by converting it into flats. Following completion of the flats a company, Stonebridge ...
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CommentDangerous defects
The CaseBirmingham Development Company (“Birmingham”) was a property developer. Birmingham developed a site next to land owned by Michael Jacob Tyler (“Tyler”). Tyler had a factory on his land. During the development demolition of the gable wall of the building on Birmingham's site exposed part of the flank wall of ...
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Comment
Arbitration after commencement of court proceedings
The CaseOn 21 December 2006 the claimant, Delta Reclamation (“Delta”), and the defendant, Premier Waste Management (“Premier”), signed an agreement which regulated the storage and processing of used tyre derivative aggregate replacement (UTDAR) at a quarry near Coxhoe.The agreement contained an arbitration clause submitting “all disputes arising out of the ...
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Comment
Benfield Construction vs Trudson
The CaseThe defendant, Trudson (Hatton) (“Trudson”), engaged the claimant, Benfield Construction (“Benfield”) to carry out the design and construction of two houses and external works near Hatton in Warwickshire. The works became seriously delayed and the date for completion of 29 September 2006 past. Subsequently, on 17 August 2007, a ...
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CommentJurisdiction of the court
The CaseThe defendant invited tenders for building works to convert a hotel back into the family house that it originally was. The claimant’s tender was successful. At the time the claimant commenced work, there was no contract in place. Thereafter, as the works progressed, there were negotiations between the parties ...
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Comment
Arbitrator appointment
The CaseThe defendant, Mrs Buck, engaged the claimant, Mylcrist Builders, to construct a single story extension to the front of her bungalow in Beltrise Herne Bay, Kent. A contract was formed on 8 December 2004 when Mrs Buck signed a letter, sent from the claimant, which confirmed that they were ...