All articles by Stacy Sinclair
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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’
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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’
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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?
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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
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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
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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
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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
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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
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CommentMultiple disputes in adjudiation: Witney council vs Beam Construction Ltd
Can more than one dispute be referred to an adjudicator?
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CommentApparent bias in adjudication: Lanes Group vs Galliford Try Infrastructure
Can a preliminary views document lead to bias in an adjudication?
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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
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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
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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
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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.
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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
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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
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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
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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…
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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
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News
Crowley Civil Engineers vs Rushmoor council: Claiming a contribution
Out Fenwick Elliott expert describes a dispute over an open space in Hampshire