GC Works 1 Edition 2 - Condition 7(1)(a) and (m) - Condition 7(2) - Instruction to modify or verify - Confirmation or giving of instruction in writing - Not condition precedent - Promissory estoppel - Wavier - Betterment - Apportionment between defendants.
Letter of intent - Proposed contract to be under seal - Subject to contract - Oral agreement on guaranteed maximum price - Uncertainty as to terms - Arbitration agreement - Subject to contract - Application to stay proceedings.
Adjudication - CIC Model Adjudication Procedure 2nd edition - Award - Retention - Material error in calculation of sums in award - Retention included by mistake in one element of calculation - Effect to release whole of retention fund to sub-contractor - Retention not matter before adjudicator - Slip rule - Whether court should correct error or remit award.
Consulting engineers - Model form of retainer “Form D” - Scope of retainer - Obligation to provide co-ordination drawings - Employer’s obligations to contractor under JCT Standard Form (Local authorities ed with quantities) - Employer’s obligation regarding co-ordination - Whether affected engineers’ obligations.
Misrepresentation - Company transferring business - Whether misrepresentation in company’s accounts - Whether reliance - Misrepresentation Act 1967 section 2(2) - Whether misrepresentee entitled to damages under section 2(2) when no longer entitled to rescind contract - Measure of damages under section 2(2).
Cliff collapse - Council owner and occupier of land between hotel and sea - Nuisance - Scope of duty of care - Type of “defect” - Distinction between latent and patent defect - Type but not extent of damage caused foreseeable - Whether duty on owner to investigate.
Adjudication - Jurisdiction of adjudicator - Housing Grants, Construction and Regeneration Act 1996, sections 104 and 105 - Whether works were “construction operations” - Whether adjudicator had jurisdiction.
Arbitration Act 1996, section 9 - Stay of proceedings for arbitration - Proper approach of the court - Jurisdiction of arbitrator - Inherent jurisdiction of the court to stay proceedings for arbitration.
Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Repudiation - Jurisdiction of adjudicator - Error of law - Section 111 - Notice of intention to withhold payment - Costs of adjudication - Jurisdiction of adjudicator - Implied agreement that adjudicator should have power to award costs.
Adjudication - Jurisdiction of adjudicator - Housing Grants, Construction and Regeneration Act 1996, section 108 - Scheme for Construction Contracts (England and Wales) - Whether dispute referred to adjudicator - Meaning of dispute - Whether adjudicator had jurisdiction over matters referred to him.
Adjudication - Housing Grants, Construction and Regeneration Act 1996 - “Written contract” - Section 107(5) - Exchange of written submissions in adjudication proceedings - What proceedings referred to in sub-section - Jurisdiction of adjudicator.
Indemnity - Cause of action - Date of accrual of cause of action - Breaches giving rise to third party claims - Whether cause of action accrues when third party liability arises or is satisfied - Construction - Settlement agreement - Recital - “All outstanding matters” - Waiver of claims or causes of action prior to date of agreement - Whether claims under indemnity included if cause of action not yet accrued.
Contract for the provision of computer hardware and software - Termination of contract - Exclusion and limitation of liability clauses - Indirect and consequential damages - Loss of profits not excluded - Contractual limitation period for the commencement of actions - Unfair Contract Terms Act 1977 section 3(1) - Meaning of “on the other’s written standard terms of business” - Reasonableness - Market surveys - Admissibility of and weight to be attached.
Damages - Cost of removal of faulty equipment - Loss of profits from use of equipment - Exclusion clause - “Indirect or consequential loss” - Exclusion of “indirect or consequential loss” - Whether loss of profits recoverable.
Scottish building contract with contractor’s design (January 1993 Revision) - Clause 16 - Damages for defects - Defects found in defects liability period - Architect’s investigation of defects - Recoverability of architect’s fees.
Negligence - Surveyor’s valuation of property - Mortgage advance in reliance on valuation - Limitation - Section 14A Limitation Act 1980 - Imputed knowledge - When lender had necessary facts - Lender on notice of fallen value of property - When reasonable to seek retrospective valuation.
Adjudication - Housing Grants, Construction and Regeneration Act 1996 section 108 - Reference to adjudication when pending court proceedings in respect of the same cause of action - Waiver of right to adjudicate - CPR Part 24 - Summary judgment to enforce adjudicator’s decision - Whether court should stay execution.
Damages - Remoteness - Mitigation - Damage to building - Increase in cost of repair between date of original statement of claim and date of judgment - Postponement of repair - Impecuniosity - Proper date for assessment of damages - Whether impecuniosity to be disregarded.
Duty of Care - Occupiers’ Liability Act 1957 - Personal injuries - Main contractor’s tower scaffold - Tower scaffold borrowed by sub-contractor’s employees - No hidden defect in scaffold - Inherent danger - Commonplace equipment.
Arbitration - Application to remove arbitrator, revoke his appointment and set aside awards - Arbitrator non-executive director of competitor of one of parties - Bias - Real danger of bias - Misconduct - Arbitration Act 1950, section 23 - ICC Rules, Arts 2.7, 2.8, 2.9 and 2.13 - Failure to disclose directorship - Whether breach of Art 2.7 - Whether decision of ICC Court on misconduct binding.
Arbitration - Arbitration Act 1996, section 18 - Whether the court has discretion to refuse to appoint an arbitrator - Extent of discretion - Relationship between discretion and the overriding objectives in section 1 of the Arbitration Act 1996.
Damages - Building contract - Employer under building contract not owner of building - Owner of building having benefit of Duty of Care Deed with contractor - Whether employer entitled to substantial damages for breach of building contract.
Arbitration - Joint arbitration under both main contract and subcontract - Reluctance on part of main contractor to go to arbitration with employer - Reasonable time to do so - Conditions of contract clause 66 ICE - FCEC blue form clause 18(2) - Implied term of reasonable time - Arbitration - Disputes to be dealt with “jointly” - Nature of subcontractor’s claim in “joint” arbitration - Whether entitled to take part.
Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Scheme for Construction Contracts (England and Wales) Regulations 1998 - Jurisdiction - Date when dispute arose - Time for payment by paying party unexpired by date of Notice of Adjudication - Notice under section 111 of Act - Withholding notice - Notice by “associated company” of defendant - Whether good notice - Notice by agent - Bias - Natural justice - Unilateral discussions between applicant and adjudicator - Danger of bias - Whether court should enforce award.
Solicitors - Negligence - Immunity from suit - Claims for negligence against solicitors - Solicitors claiming immunity from suit - Advocates’ immunity in civil and criminal proceedings - Risk of collateral attack on court orders.
JCT 1980 form - Clause 22A - DOM/1 1980 form - Joint insured - Fire - Contribution - Civil Liability (Contribution) Act 1978, section 1 - Circuity of action - “Liable in respect of the same damage” - Time when contribution sought - Effect of extensions of time for fire delay - Contributory negligence.
Adjudication - DOM/1 Subcontract - Settlement agreement not construction contract - Section 108 of the Housing Grants, Construction and Regeneration Act 1996 - Duress - Dispute not under subcontract - Dispute resolved by settlement - Declaration by court as to rights.
Arbitration - Appeal from arbitrator to court - Leave to appeal from court’s decision refused by court - Whether Court of Appeal had jurisdiction to grant leave to appeal or to review court’s refusal - Arbitration Act 1996, section 69(8) - Relationship between that section and Access to Justice Act 1999, section 55.
Adjudication - Section 108 of the Housing Grants, Construction and Regeneration Act 1996 - CIC Model Adjudication Procedure 2nd edition - Award - Material error in calculation of sums in award. Set-off - Bankruptcy set-off - Rule 4.90 of the Insolvency Rules 1986 - Section 411 of the Insolvency Act 1986 - Single accounting between parties. Enforcement - CPR Part 24 - Summary judgment.