Stacy Sinclair
CommentSection 105: Savoye and Savoye Limited vs Spicers Limited
This judgment provides guidance on the definition of ‘construction operations’ and the meaning of ‘forming, or to form, part of the land’
CommentMiller Construction (UK) Limited vs Building Design Partnership Limited: Breach of natural justice
‘This Scottish judgment is a reminder of the well-established authorities that provide an adjudicator with considerable leeway in terms of their decision-making powers’
CommentLimitation of adjudication: Aspect Contracts (Asbestos) Ltd vs Higgins Construction Plc
Did the adjudication process give Aspect a new cause of action against Higgins to recover the money which it had paid out on the temporarily binding decision of the adjudicator?
CommentDefective Premises Act 1972: 'In the course of a business'
Niklas Zennstrom and Catherine Zennstrom vs Kevin Fagot, Helen Moseley, Deborah Patricia Wilks, Andrew Ramus and Fast-Calc Limited
CommentPublic procurement: Turning Point vs Norfolk council
In this case the TCC considered issues of limitation as well as qualifications/caveats to tenders in public procurement
Archive TitlesSettlement agreements and exclusion of liability for defects: Point West London Ltd v Mivan Ltd
Technology & Construction Court considers the meaning of the phrase ‘full and final settlement in respect of any and all outstanding matters’ in a settlement agreement
CommentPart 36 offers: Phi Group Ltd v Robert West Consulting
In this case the Court of Appeal considered the requirements of Part 36 offers and overturned a costs decision in the Technology & Construction Court
CommentRegularly and diligently: Leander Construction Ltd vs Mulalley & Co Ltd
This case sets out the law regarding implied terms requiring a party to proceed regularly and diligently
CommentMultiple disputes in adjudiation: Witney council vs Beam Construction Ltd
Can more than one dispute be referred to an adjudicator?
CommentApparent bias in adjudication: Lanes Group vs Galliford Try Infrastructure
Can a preliminary views document lead to bias in an adjudication?
CommentNegligence and the Limitation Act
The limitation period for a negligence claim can be extended for latent defects but this case shows why its best to issue proceedings promptly
CommentDefective Premises Act: Mr and Mrs Jenson vs Spencer Roy Faux
This case explains why ’buyer beware’ should be the first rule of thumb when buying a house
CommentThe value of architectural services: Michael Phillips Architects vs Mr and Mrs Riklin
This case demonstrates just what might go wrong if a consultant’s appointment is not established at the outset of the project – and how things can spin rapidly out of control
- Comment
Public Procurement: Mears vs Leeds city council
This case illustrates the full meaning of the term, “the date when grounds for the bringing of the proceedings first arose”, and serves as a warning to parties within a public tendering process who wish to bring infringmement proceedings.
CommentPublic Procurement: Exel Europe vs University Hospitals Coventry and Warwickshire NHS Trust
Here we look in detail at Regulation 47 of the Public Contracts Regulation, concerning the award of a public contract; a reworking of American Cyanamid Co vs Ethican
NewsThe Party Wall Act: Kaye vs Lawrence
After this case an adjoining owner can request project insurance even if the work is being carried out on the building owner’s land
FeaturesChalbury McCouat vs PG Foils: failure to choose location for arbitration
These parties agreed the dispute resolution mechanism but failed to say in which country the arbitral tribunal should be held
CommentAedifice vs Mr Ashwin Shah: Does the adjudicator have jurisdiction?
The process of objecting to an adjudicator’s jurisdiction has to be conducting properly, as this case highlights…
NewsSpeymill Contracts vs Eric Baskind: The allegation of fraud in adjudication
Following recent cases in the Technology & Construction Court, the Court of Appeal has now confirmed how parties should proceed when allegations of fraud are raised during the adjudication or enforcement process
- News
Crowley Civil Engineers vs Rushmoor council: Claiming a contribution
Out Fenwick Elliott expert describes a dispute over an open space in Hampshire