All articles by Birgit Blacklaws

  • Birgit Blacklaws
    News

    Commercial Marine Piling vs Pierse Contracting: Place of performance

    2009-12-22T13:10:00Z

    Our legal expert from Fenwick Elliott discusses a question of location

  • Birgit Blacklaws
    News

    Vision Homes vs Lancsville Construction: Jurisdiction

    2009-09-25T15:09:00Z

    Our Fenwick Elliott expert discusses what happens where two adjudications are brought on the same case

  • Birgit Blacklaws
    News

    Aceramais Holdings vs Hadleigh Partnerships: Contracts in writing

    2009-09-21T16:04:00Z

    Our Fenwick Elliott expert discusses a dispute over whether there was a contract and writing, and other issues

  • Birgit Blacklaws
    News

    HS Works vs Enterprise Managed Services: Multiple adjudications

    2009-08-28T15:39:00Z

    Our Fenwick Elliott expert discusses a case involving two different adjudications and two different adjudicators

  • Birgit Blacklaws
    News

    Christopher Michael Linnett vs Halliwells: Adjudicator's fees

    2009-04-02T15:29:00Z

    Can an adjudicator recover fees from a party that raises questions about jurisdiction? Fenwick Elliott discusses

  • Birgit Blacklaws
    News

    Bovis Lend Lease vs Trustees of the London Clinic: Loss, expenses and natural justice

    2009-03-13T16:29:00Z

    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), ...

  • Birgit Blacklaws
    News

    Binding decisions: YCMS vs Stephen and Miriam Grabiner

    2009-02-19T11:30:00Z

    Fenwick Elliott discusses the adjudicator's jurisdiction

  • Birgit Blacklaws
    Comment

    Contractual priority

    2009-02-06T00:00:00Z

    AE Yates Trenchless Solutions vs Black & Veatch

  • Birgit Blacklaws
    Comment

    Oral agreements

    2008-12-12T00:00:00Z

    The CaseThe claimant applied for summary judgment to enforce an adjudicator's decision whereby the defendant was ordered to pay 拢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 ...

  • Birgit Blacklaws
    Comment

    Witholding payment

    2008-11-28T00:00:00Z

    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 ...

  • Birgit Blacklaws
    Comment

    Jurisdiction of the court

    2008-10-17T00:00:00Z

    The CaseThe defendant invited tenders for building works to convert a hotel back into the family house that it originally was. The claimant鈥檚 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 ...

  • Birgit Blacklaws
    Comment

    Enterprise Managed Services Limited v East Midland Contracting Limited

    2008-09-26T00:00:00Z

    The CaseThe Claimant sought to reverse the decision of an adjudicator, by which the adjudicator had decided that the Claimant was obliged to pay the Defendant the sum of 拢1,131,668.29 as damages for breach of contract. The parties to the Sub-Contract continued to place orders and undertake work under the ...

  • Birgit Blacklaws
    Comment

    Letter of intent

    2008-08-15T00:00:00Z

    The CaseThe Defendant wished to have refurbishment and regeneration works carried out to a number of houses and flats on the Clapham Park Estate. The Claimant tendered for these works and a Letter of Intent (鈥淟OI鈥) was sent to the Claimant in June 2007 recording the Defendant鈥檚 intention to enter ...

  • Birgit Blacklaws
    Comment

    Cubitt 黑洞社区 and Interiors Ltd vs Richardson Roofing (Industrial) Ltd

    2008-08-01T00:00:00Z

    The CaseThe Claimant, as main contractor, engaged the Defendant as a roofing sub-contractor at a building site at Hampton Wick Riverside.The Claimant sought declaratory relief that its terms and conditions were incorporated into the sub-contract between the parties and injunctions that the Defendant should be restrained from continuing with arbitration ...

  • Comment

    Withholding notices: Aedas Architects vs Skanska Construction UK

    2008-07-04T00:00:00Z

    This dispute arose out of works done on contracts to renovate some schools in Midlothian. The claimant sought periodical payments but was met with refusal because the Defendant claimed that it had large and on-going contra set-offs which were much more than what the claimant was pursuing.The claimant argued ...

  • Comment

    Commencing arbitration: Taylor Woodrow Construction vs RMD Kwikform Ltd

    2008-06-06T00:00:00Z

    This was an application under sections 32 and 45 of the Arbitration Act 1996 (鈥渢he Act鈥) to determine a preliminary point of law in relation to arbitral proceedings.The claimant engaged the defendant for the design, supply and erection of scaffolding. In 2000 the scaffolding collapsed onto adjoining roads and onto ...

  • Comment

    Adjudication timetable: Edenbooth Ltd vs Cre8 Developments Ltd

    2008-05-09T00:00:00Z

    The claimant applied for summary judgment to enforce an adjudicator鈥檚 decision. The defendant was a development company who had engaged the claimant to carry out ground works at two adjacent properties. One of the properties was owned and occupied by a director of the defendant. The work was carried out. ...

  • Comment

    Non-compliance with pre-action protocol: Orange Personal Communications Services vs Hoare Lee

    2008-04-11T00:00:00Z

    This judgment arose out of an application by the remaining defendant in the claim, for a stay of the proceedings pending the implementation of the process laid down by the pre-action protocol for construction and engineering disputes.The claimant engaged Kier Regional Ltd to carry out the fitting out works to ...

  • Comment

    Tendering process: Aquatron Breathing Air Systems vs Strathclyde Fire Board

    2008-03-14T00:00:00Z

    In March 2004, the defendants, who operate the Strathclyde Fire Brigade, issued an invitation to tender for certain services associated with its breathing apparatus equipment, under the Public Services Contract Regulations 1993 which has now been superseded. The Office Journal of the European Communities specified the criteria for the ...

  • Comment

    Adjudication enforcement: Harris Calnan Construction Co Ltd vs Ridgewood (Kensington) Ltd

    2008-02-15T00:00:00Z

    The claimant applied for summary judgment arising out of an adjudication decision and claimed for costs on an indemnity basis. In the course of the adjudication the adjudicator rejected the defendant鈥檚 challenge to his jurisdiction, finding that there was a contract in writing between the parties.The defendant challenged the enforcement ...