Dispatch - Other archives

Fitzroy Robinson Ltd v Mentmore Towers Ltd & Others
Issue 110 - August 2009 (click to download pdf)

To what lengths should an expert go to explain any difficulties he may have had preparing his report?

Fitzroy Robinson Ltd v Mentmore Towers Ltd & Others
Issue 110 - August 2009 (click to download pdf)

What happens if the nominated project leader does not actually run the project in question?

Amaryllis Ltd v HM Treasury
Issue 108 - June 2009 (click to download pdf)

Had Amaryllis brought its claim that HMT were in breach of the procurement regulations, within the three-month time limit?

JB Leadbitter & Co Ltd v Devon County Council
Issue 108 - June 2009 (click to download pdf)

In all the circumstances, should the Council have waived its tender procedures and accepted the incomplete tender submitted by Leadbitter?

Langstane Housing Association Ltd v Riverside Construction (Aberdeen) Ltd & Ors
Issue 107 - May 2009 (click to download pdf)

Was the net contribution clause unfair, unreasonable or unduly onerous?

Menolly Investments 3 Sarl & Anr v Cerep Sarl
Issue 106 - April 2009 (click to download pdf)

Were the works practically complete?

A E Yates Trenchless Solutions Ltd v Black & Veatch Ltd
Issue 103 - January 2009 (click to download pdf)

Was there a contract and if so on what terms?

McLaughlin & Harvey Ltd v Department of Finance and Personnel
Issue 102 - December 2008 (click to download pdf)

What are the potential remedies available in cases where the court finds that the tender process was flawed?

Henry Bros (Magherafelt) Ltd & Ors v Departmentof Education for Northern Ireland
Issue 101 - November 2008 (click to download pdf)

Was the tender process, where the commercial criteria were based on a submission of direct fee percentages, flawed? For details of the remedies proposed by the court see Issue 103.

Letting International Ltd v London Borough of Newham
Issue 98 - August 2008 (click to download pdf)

How transparent must the tender process be?

Diamond Build Ltd v Clapham Park Homes Ltd
Issue 98 - August 2008 (click to download pdf)

Is it negligent practice not to make specific provision for liquidated damages in a contract?

Henry Brothers (Magherafelt) Ltd & Others v Department of Education for Northern Ireland
Issue 96 - June 2008 (click to download pdf)

Were the claimants entitled to an injunction restraining the Education Department from concluding a Framework Agreement as a consequence of breaches of the EU procurement legislation?

RTS Flexible Systems Ltd v Molkerei Alois Müller GmbH & Co KG (UK Productions)
Issue 96 - June 2008 (click to download pdf)

Yet another example of the "perils of proceeding with work under a Letter of Intent. The decision at first instance was overturned by the CA - see issue 105.

Spiersbridge Property Developments Ltd v Muir Construction Ltd
Issue 94 - April 2008 (click to download pdf)

Where a demand has been made under a Bond, and payment made in full, was the receiving party obliged to account for th3se sums received under that Bond?

EMM G Lianakis AE and Others v Municipality of Alexandroupolis
Issue 93 - March 2008 (click to download pdf)

What does the requirement that tenderers must be placed on an equal footing throughout the tender process mean to contracting authorities?

Reinwood Ltd v L Brown & Sons Ltd
Issue 93 - March 2008 (click to download pdf)

What is the purpose of the payment provisions of the HGCRA?

W.F. Price (Roofing) Ltd v Primebuild Ltd
Issue 92 - February 2008 (click to download pdf)

Did the sub-contract contain a time bar in respect of the submission of the necessary documents for the sub-contractor's final account?

Axa Insurance PRC v Cunningham Lindsey United Kingdom (an unlimited company)
Issue 92 - February 2008 (click to download pdf)

Is it negligent practice not to make specific provision for liquidated damages in a contract?

City Inn Ltd v Shepherd Construction Ltd
Issue 91 - January 2008 (click to download pdf)

Where there is true concurrency, is it ever appropriate to apportion responsibility for the delay between the two competing causes?

City Inn Ltd v Shepherd Construction Ltd
Issue 91 - January 2008 (click to download pdf)

Had the employer waived the right to rely on the contractual time bars?

London Fire & Emergency Planning Authority v Halcrow Gilbert Associates Ltd & Ors
Issue 90 - December 2007 (click to download pdf)

Was it reasonable for the LFEPA to recover the costs of reinstating a property damaged by fire?

Tesco Stores Ltd v David Constable & Others
Issue 88 - October 2007 (click to download pdf)

How wide was the cover provided by a public liability insurance policy?

See Issue 95 - May 2008 - for Court of Appeal decision

Glasgow Airport Ltd v Messrs. Kirkman and Bradford
Issue 87 - September 2007 (click to download pdf)

Were the costs recoverable under the collateral warranty Ltd to the costs of repair, renewal and/or reinstatement of any part or the works? Did liability extend to consequential losses?

Wittmann (UK) Ltd v Willdav Engineers S.A.
Issue 87 - September 2007 (click to download pdf)

Was Wittman entitled to recover amounts outstanding under a parent company guarantee?

Mirant Asia-Pacific Construction (Hong Kong) Ltd v Ove Arup Partners International Ltd
Issue 84 - June 2007 (click to download pdf)

Judge Toulmin CMG QC sets out some useful guidance for the use of critical path analysis on construction projects.

Multiplex Constructions (UK) Ltd v Honeywell Control Systems Ltd
Issue 83 - May 2007 (click to download pdf)

Was time at large and why are time bars so important?

Pearson Education Ltd v The Chartered Partnership Ltd
Issue 82 - April 2007 (click to download pdf)

Negligence - who was responsible for the damage caused by flooding?

Halifax Life Ltd v The Equitable Life Assurance Society
Issue 82 - April 2007 (click to download pdf)

What happens if an expert, in an expert determination, fails to provide sufficient reasons?

Aerospace Publishing Ltd and Anr v Thames Water Utilities Ltd
Issue 80 - February 2007 (click to download pdf)

How should the Court approach the recovery of management time and staff costs?

Skanska Rasleigh Weatherfoil v Somerfield Stores Ltd
Issue 80 - February 2007 (click to download pdf)

What was the correct approach to the interpretation of contracts?

Bell Scaffolding (Aust) Pty Ltd v Rekon Ltd and Another
Issue 78 - December 2006 (click to download pdf)

Did the agreement between the parties give rise to an enforceable obligation or was it merely an agreement to agree?

South Oxfordshire District Council v SITA UK Ltd
Issue 77 - November 2006 (click to download pdf)

To what extent can you roll up past or continuing breaches of contract when making allegations of repudiatory conduct?

Clerical Medical Investment Group Ltd v Crest Nicholson (Southwest) Ltd and Others
Issue 77 - November 2006 (click to download pdf)

What are the rules for the construction of contracts?

3DMA(pta) Ltd v 3DM Worldwide Plc
Issue 77 - November 2006 (click to download pdf)

Is there a difference between indicating an agreement to the wording of a contract and agreeing to be bound by the contract itself once it is drawn up?

Shinedean Ltd v Alldown Demolition (London) Ltd (in liquidation) and Anr
Issue 74 - August 2006 (click to download pdf)

What constitutes a reasonable time to produce documents to Insurers?

TFW Printers Ltd v Interserve Project Services Ltd
Issue 73 - July 2006 (click to download pdf)

When does the obligation to insure building works against loss and damage end?

Skanska Rasleigh Weatherfoil v Somerfield Stores Ltd
Issue 73 - July 2006 (click to download pdf)

What problems might occur when the deadline for the expiry of a letter of intent is extended? See Issue 80 for Court of Appeal Decision.

Construction Partnership UK Ltd v Leek Developments Ltd
Issue 72 - June 2006 (click to download pdf)

Can you serve a contract notice by fax?

ERDC Group Ltd v Brunel University
Issue 71 - May 2006 (click to download pdf)

Can you value works carried out under a letter of intent on a quantum meruit basis?

Safeway Stores Ltd v Interserve Project Services Ltd
Issue 70 - April 2006 (click to download pdf)

Will a warranty always enable an employer to pursue a claim against the contractor if the developer becomes insolvent?

R+ V Versicherung AG v Risk Insurance and Reinsurance Solutions SA and Others
Issue 70 - April 2006 (click to download pdf)

Could management costs be recovered?

Scheldebouw BV v St James Homes (Grosvenor Dock) Ltd
Issue 69 - March 2006 (click to download pdf)

What are the certification functions and duties of a construction manager?

Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd and others
Issue 66 - December 2005 (click to download pdf)

Can more than one employer be found vicariously liable for the negligent act of an employee?

Decoma UK Ltd v Haden Drysys International Ltd
Issue 65 - November 2005 (click to download pdf)

Is a party entitled to rely on a cap clause when its own failings mean the potential damages far exceed that cap?

LMS International Ltd and Others v Styrene Packaging and Insulation Ltd and Others
Issue 65 - November 2005 (click to download pdf)

Does the rule in Rylands v Fletcher apply today?

Willis Management (Isle of Man) Ltd v Cable & Wireless Plc and Another
Issue 63 - September 2005 (click to download pdf)

What is the effect (if any) of an agreement to agree?

Costain Ltd & Others v Bechtel Ltd & Anr
Issue 61 - July 2005 (click to download pdf)

Mr Justice Dyson reviews the duty of impartiality when it comes to assessing applications for payment.

Great Eastern Hotel Ltd v John Laing Construction Ltd and Anr
Issue 58 - April 2005 (click to download pdf)

What duties do construction managers owe to employers?

Alfred McAlpine Capital Projects Ltd v Tile Box Ltd
Issue 58 - April 2005 (click to download pdf)

Was a clause providing for the levying of liquidated and ascertained damages enforceable?

Hawley v Luminaries Leisure Plc
Issue 56 - February 2005 (click to download pdf)

When a nightclub customer was punched by one of the bouncers, were the owners of the nightclub vicariously liable for that punch?

Tube Tech International Ltd v Techni-Coflexip SA and Others
Issue 56 - February 2005 (click to download pdf)

What was the identity of the party or parties who Tube Tech contracted with? Did those who signed the contract have actual or extensible authority to sign that contract? See also the GPN case (Issue 56 - Adjudication cases).

Lumbermens Mutual Casualty Co v Bovis Lend Lease Ltd
Issue 54 - December 2004 (click to download pdf)

In what circumstances might a party be able to claim a settlement sum from a professional liability or commercial excess liability insurance policy?

Mowlem Plc v Phi Group Ltd
Issue 51 - September 2004 (click to download pdf)

Where a party made a request for the supply of material, was there an agreement to pay a reasonable price for that material?

Gurney Consulting Engineers v Pearson Pension Property Fund Ltd & Anr
Issue 51 - September 2004 (click to download pdf)

Had a contract had been concluded between the parties such that it incorporated the standard ACE conditions of engagement? More specifically was there a valid arbitration agreement?

Gemma Ltd v Gimson and anr
Issue 50 - August 2004 (click to download pdf)

HHJ Thornton QC provides guidance on the amount of money likely to be ordered in a claim for damages for inconvenience, loss and anxiety.

BP Exploration Operating Co Ltd v Kvaerner Oil Field Products Ltd
Issue 48 - June 2004 (click to download pdf)

What is the extent of cover offered by a contractor's all-risks insurance policy.

Bath & North East Somerset DC v Mowlem plc
Issue 45 - March 2004 (click to download pdf)

Where a contractor refused to carry out an instruction from an employer, was that contractor able to deny access to a second contractor appointed to carry out the work?

JDM Accord Ltd v Secretary of State for the Environment, Food and Rural Affairs
Issue 44 - February 2004 (click to download pdf)

His Honour Judge Thornton QC provides guidance on what factors should be taken into account when placing weight on timesheets to back up a claim for fees.

Sahib Foods Ltd (in liquidation) v Paskin Kyriakides Sands
Issue 43 - January 2004 (click to download pdf)

The Court of Appeal had to apportion responsibility for a fire in a food factory which one party said was caused by the failure of the architect to provide for the installation of non-combustible panels and the other said was caused by the negligence of the workers preparing food.

Ove Arup & Partners Ltd & Another v Mirant Asia-Pacific Construction (Hong Kong) Ltd & Another
Issue 42 - December 2003 (click to download pdf)

The Court of Appeal had to consider whether the FIDIC terms applied to a contract between the parties and whether a valid claim had been made under clause 17. This was a significant point since, if the terms applied and a valid claim had been made, any liability would be subject to a cap.

Northern and Shell plc v John Laing Construction Ltd
Issue 38 - August 2003 (click to download pdf)

The case revolved around the question: "When did the deed of warranty come into effect?" Was it the date the deed was signed or the day following the date of issue of the certificate of practical completion?

CJ Elvin Building Services Ltd v Noble and Noble
Issue 38 - August 2003 (click to download pdf)

This is a rare case which discusses whether a party is entitled to suspend work where it has not been paid sums which were due. The judge held that this could, on occasion, amount to conduct which amounts to a breach of conduct on the part of the employer.

Hurst Stores and Interiors Ltd v ML Europe Property Ltd
Issue 37 - July 2003 (click to download pdf)

This case discusses whether a project manager had authority to enter into an agreement that Hurst accepted payment in full and final settlement of all claims arising out of or in connection with the trade contract works. It also examines the question of whether reference to this settlement could be deleted on the basis that there was a unilateral mistake.

City Inn Ltd v Shepherd Construction Ltd
Issue 35 - May 2003 (click to download pdf)

The Scottish Court of Appeal had to consider whether the notice requirements of an amended version of clause 13.8.1 of the JCT 1980 Standard Form (Private With Quantities) contract amounted to a condition precedent to an entitlement to an extension of time.

Hewden Tower Cranes Ltd v Yarm Road Ltd and Another
Issue 39 - September 2003 (click to download pdf)

This Court of Appeal case arose out of the collapse of a tower crane at Canary Wharf. The Court considered which of the parties under a contract for the hire of plant was responsible for the loss and damage.

Attorney General for the Falkland Islands v Gordon Forbes Construction (Falklands)
Issue 34 - April 2003 (click to download pdf)

Acting Judge Saunders considered what was meant by "contemporary records" in clause 53.4 of the 1997 FIDIC fourth edition contract. Was this restricted merely to original documents or did the definition extend to witness statements produced after the event?

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