All articles by Nicholas Gould 鈥� Page 2
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Is there a contract in writing?: T & T Fabrications vs Hubbard Architectural Metalwork
The Claimant applied for summary judgment under Part 24 of the Civil Procedure Rules for immediate enforcement of an Adjudicator鈥檚 Decision. There was a contract between the Second Claimant and Hubbard, the Defendant. It related to atrium bridges, staircases and metalwork items for a development in London in ...
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Contract payment mechanisms: Peter Mair vs Mohammed Arshad
The pursuers were seeking the sum of 拢8,730 from the defender, together with interest and expenses. The parties agreed that there was a contract within the meaning of the Construction Act and that the first invoice for 拢1,000 had been paid. The pursuer argued that two further invoices had not ...
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More than one dispute in an adjudication: David and Teresa Bothma (T/A DAB Builders) vs Mayhaven Healthcare Ltd
This is a Court of Appeal decision. At first instance, the judge refused to enforce the adjudicator鈥檚 decision.This was because he came to the conclusion that there was more than one dispute. The contractor鈥檚 notice of adjudication identified a dispute in respect of the date for completion of the contract, ...
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Court refuses to enforce adjudication: Rhode vs Markham-David
Judge Thornton heard an application for summary judgment in respect of the enforcement of an adjudicator鈥檚 decision, and gave permission to defend. This cases deals with the hearing of that defence.Mr Rhode as builder carried out work for Mr Markham-David in 1999. Work went well until the parties fell out. ...
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An unfair adjudication: Humes 黑洞社区 Contractors Ltd vs Charlotte Homes (Surrey) Ltd
Humes 黑洞社区 Contractors Ltd sought to enforce by way of summary judgment an adjudicator鈥檚 decision for 拢158,486.26 plus VAT. The building contract was based upon a JCT Intermediate Form of 黑洞社区 Contract with Contractors Design 2005 Edition. Relations between the parties deteriorated and the defendant purported to terminate the contract ...
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Awarding interest:Claymore Services Ltd vs Nautilus Properties Ltd
Nautilus, the leasehold owner of a London property, engaged Claymore to refurbish and convert the property into a hotel, restaurant, nightclub, and a number of bars. The work began in 2001, under a letter of intent, and was completed in 2002. The parties did not conclude a formal contract. ...
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Michael John Construction Ltd vs St Peter鈥檚 Rugby Football Club
In October 2003, St Peter鈥檚 Rugby Football Club, occupiers of a clubhouse and sports field in Cardiff, engaged Michael John Construction (MJC) under a JCT IFC 1998 contract. The club required that their site be cleared of the former clubhouse in order for it to be sold to developers. The ...
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A.R.T. Consultancy Ltd vs Navera Trading Ltd
A.R.T. were engaged by Navera to carry out design and construction work to a property in London. They made claims for payment and then commenced adjudication. The adjudicator ordered a payment of 拢100,369 to A.R.T. together with the interest and fees. In these proceedings A.R.T. sought to enforce that decision.
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ROK Build Ltd vs Harris Wharf Development Company Ltd
The claimant was constructing a primary school and twenty four 1-3 bedroom flats for Harris Wharf. The contract was the JCT Standard Form of 黑洞社区 Contract, With Contractor鈥檚 Design 1998 Edition.Practical Completion occurred on 12 July 2005, and the professional advisers met in April 2006 in order to discuss the ...
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Melville Dundas Ltd (in receivership) and Others vs George Wimpey UK Ltd and Others
This is the first time that the HGCRA has reached the House of Lords. The dispute here, which related to the payment part of that legislation, highlighted the tension between an employer鈥檚 payment obligations and the impact on those obligations of the contractor going into administration. Here, on 2 May ...
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A snag in the process
The claimant, Thomas Vale, sought a declaration that a withholding notice was invalid. The contract was a JCT Standard Form of 黑洞社区 Contract with Contractor鈥檚 Design 1998 edition incorporating amendments 1-5 and further amendments set out in the employer鈥檚 requirements. The works comprised the construction of 24 apartments. A dispute ...
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Third time unlucky
HG Construction Limited was engaged as contractor by Ashwell Homes (East Anglia) Limited for the development of new housing in Cambridgeshire. The contract was based on the JCT Standard Form of 黑洞社区 Contract With Contractor鈥檚 Design (1998 Edition). The contract provided for sectional completion. Disputes arose and there were four ...
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An appealing decision
This was an appeal from an order that an adjudicator鈥檚 decision be enforced summarily. The first instance judgment is dated 17 March 2006. A dispute arose between the parties in respect of fees. That dispute was referred to adjudication. The adjudicator decided that certain fees were due and owing. The ...
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Rain check
CA Blackwell (Contracts) Ltd (鈥淏lackwell鈥�) is a contractor with expertise in earthworks involved in motorway construction. Blackwell had successfully tendered for the earthworks on parts of the M60. Blackwell was responsible for insuring adequate temporary drainage for the earthworks and took out a policy with Gerling Allegemeine Verichergungs (鈥淕erling鈥�) for ...
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Home Rule
The parties entered into a JCT With Contractor鈥檚 Design contract for the construction of 114 residential apartments in Manchester. This case concerns the enforcement of an adjudicator鈥檚 decision. During the adjudication, Crosby Homes raised three jurisdictional challenges:1 There was no jurisdiction under the 鈥渟ide agreements鈥�2 ...
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Taking sides
The parties entered into a JCT With Contractor鈥檚 Design contract for the construction of 114 residential apartments in Manchester. This case concerns the enforcement of an adjudicator鈥檚 decision. During the adjudication, Crosby Homes raised three jurisdictional challenges:1 There was no jurisdiction under the 鈥渟ide agreements鈥�2 ...
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Without good reason
The claimant brought proceedings seeking a declaration that an expert determination was not final and binding because the expert had materially departed from the terms of reference and had failed to provide adequate reasons.
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Good intentions
Brookdale employed Redworth under a contract for the erection of four group homes, a day care centre and associated works. The contract between the parties was made on 21 November 2003. The contract was formed from initial negotiations and discussions between the parties commencing in early 2003. Documents exchanged included ...
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Supplementary information
The claimant contracted with the defendant to carry out the construction of a gas pipeline running from Samlesbury to Helmshore in Lancashire. The contract was the NEC Engineering and Construction Contract (second edition) Option A; also, the Priced Contract with Activity Schedule, with certain secondary options and an Appendix 1 ...
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Hidden identity
This was an appeal against a decision that some third parties were entitled to enforce a transfer agreement between two individuals and The Bathroom Trading Company under the Contracts (Rights of Third Parties) Act 1999. Avraamides brought a claim against The Bathroom Trading Company in respect of a refurbishment ...
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