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Building Law Reports
AUTHOR: The Honourable Mr Justice Akenhead, Peter Fraser QC, Chantal-Aimèe Doerries QC, James Howells, Christopher Lewis and Marc Lixenberg
ISBN: 0141-5875
Building Law Reports
Author: The Honourable Mr Justice Akenhead, Peter Fraser QC, Chantal-Aimèe Doerries QC, James Howells, Christopher Lewis and Marc Lixenberg
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Browse 2000 Archive by Volume
Reports for Volume 1, 2000
(1) DELAWARE MANSIONS LTD (2) FLECKSUN LTD v THE LORD MAYOR AND CITIZENS OF THE CITY OF WESTMINSTER
Nuisance - Tree roots - Damage to buildings - Damage before new owners acquire property - Need to underpin - Continuing nuisance - Continuing cause of action - Damage for purposes of nuisance.
[2000] BLR 1
BRIAN ANDREWS (t/a B A CONTRACTORS) v JOHN H BRADSHAW H RANDELL & SON LIMITED
Arbitration - Application to remove arbitrator - Arbitration Act 1996 - Section 24(1) - Doubts as to arbitrator’s impartiality - Justifiable - Bias - Real danger of bias - Failure properly to conduct proceedings - Substantial injustice to applicant.
[2000] BLR 6
MINISTRY OF DEFENCE v (1) SCOTT WILSON KIRKPATRICK & PARTNERS (2) DEAN & DYBALL CONSTRUCTION LTD
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.
[2000] BLR 20
JARVIS INTERIORS LIMITED v GALLIARD HOMES LIMITED
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.
[2000] BLR 33
BOUYGUES (UK) LIMITED v DAHL-JENSEN (UK) LIMITED
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.
[2000] BLR 49
BIRSE CONSTRUCTION LIMITED v ST DAVID LIMITED
Section 9 Arbitration Action 1996 - Application for stay - Affidavit evidence - Dispute as to arbitration agreement - Triable issue - Dispute as to relevant fact - Preliminary issue to be tried - Interlocutory procedure approach.
[2000] BLR 57
LOBB PARTNERSHIP LIMITED v AINTREE RACECOURSE COMPANY LIMITED
Jurisdictions of arbitrators - Arbitration clauses - RIBA Conditions of Engagement - Permissive and mandatory wording - Construction of arbitration clauses - Applicable principles.
[2000] BLR 65
AMEC PROCESS AND ENERGY LIMITED v STORK ENGINEERS & CONTRACTORS BV
Costs - CPR Rule 44.3(4)b - Transitional provisions for costs - Costs of preliminary issues - Possibility of payment into court - Effect of payment in.
[2000] BLR 70
THE ROYAL BROMPTON HOSPITAL NATIONAL HEALTH TRUST v (1) FREDERICK ALEXANDER HAMMOND (2) JOHN RICHARD LERCHE AND ORS
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.
[2000] BLR 75
FLOODS OF QUEENSFERRY LIMITED AND ANOR v SHAND CONSTRUCTION LIMITED AND ORS
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).
[2000] BLR 81
BELLEFIELD COMPUTER SERVICES LTD AND ORS v E TURNER & SONS LTD
Duty of care - Original builder - Subsequent owner - Acts or omissions - Damage to building itself - Complex structures - Single building - Economic loss.
[2000] BLR 97
HOLBECK HALL HOTEL LIMITED AND ANOR v SCARBOROUGH BOROUGH COUNCIL
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.
[2000] BLR 109
HOMER BURGESS LIMITED v CHIREX (ANNAN) LIMITED
Adjudication - Jurisdiction of adjudicator - Housing Grants, Construction and Regeneration Act 1996, sections 104 and 105 - Whether works were “construction operations” - Whether adjudicator had jurisdiction.
[2000] BLR 124
PLANT CONSTRUCTION PLC v (1) CLIVE ADAMS ASSOCIATES (2) JMH CONSTRUCTION SERVICES LIMITED
Duty to warn - Contractors - Implied term of skill and care - Obvious dangers - Dangers known by contractor - Relevant circumstances giving rise to need to warn.
[2000] BLR 137
AHMAD AL-NAIMI (T/A BUILDMASTER CONSTRUCTION SERVICES) v ISLAMIC PRESS AGENCY INCORPORATED
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.
[2000] BLR 150
NORTHERN DEVELOPMENTS (CUMBRIA) LIMITED v J&J NICHOL
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.
[2000] BLR 158
FASTRACK CONTRACTORS LIMITED v (1) MORRISON CONSTRUCTION LIMITED (2) IMREGLIO UK LIMITED
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.
[2000] BLR 168
GROVEDECK LIMITED v CAPITAL DEMOLITION LIMITED
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.
[2000] BLR 181
VHE CONSTRUCTION PLC v RBSTB TRUST CO LIMITED (as trustee of the Mercury Property Fund)
Adjudication - Housing Grants Construction and Regeneration Act 1996 - JCT Contract with Contractor’s Design (1981 Edition) - Interim payment - Subsequent Adjudications - Effect of second adjudication decision - Set-offs against adjudicators’ decisions - Summary enforcement - Part 24.2 Civil Procedure Rules.
[2000] BLR 187
FW COOK LTD v SHIMIZU (UK) LTD
Adjudication - Final Account disputes - TecSA Adjudication Rules - Referring letter - Interpretation - Adjudicator’s jurisdiction - Meaning in decision of “sums payable”.
[2000] BLR 199
PLANT CONSTRUCTION PLC v (1) CLIVE ADAMS ASSOCIATES (2) JMH CONSTRUCTION SERVICES LIMITED
Duty to warn - Extent of duty - Causation - Concurrent causes - Effect of other causes.
[2000] BLR 205
THE MAYOR AND COMMONALTY AND CITIZENS OF THE CITY OF LONDON v (1) REEVE AND COMPANY LIMITED (2) G LAWRENCE WHOLESALE MEAT COMPANY LIMITED (3) CITIGEN (LONDON) LIMITED
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.
[2000] BLR 211
PEGLER LIMITED v WANG (UK) LIMITED
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.
[2000] BLR 218
HOTEL SERVICES LIMITED v HILTON INTERNATIONAL HOTELS (UK) LIMITED
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.
[2000] BLR 235
MICHAEL A JOHNSTON v WH BROWN CONSTRUCTION (DUNDEE) LTD
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.
[2000] BLR 243
HENRY BOOT CONSTRUCTION LTD v ALSTOM COMBINED CYCLES LTD
ICE Conditions of Contract 6th Edition - Clause 52(1)(b) - Clause 52(1) - Clause 52(2) - Valuation of variations - Contract rates and prices - Basis of Valuation - Error or mistake in contract price - Relevance of mistake in valuing variations.
[2000] BLR 247
INCO EUROPE LTD AND ORS v FIRST CHOICE DISTRIBUTION (A FIRM) AND ORS
Arbitration - Stay of judicial proceedings - Application to stay dismissed at first instance - Whether Court of Appeal had jurisdiction to hear appeal - Supreme Court Act 1981, section 18(1)(g) - Arbitration Act 1996, section 9.
[2000] BLR 259
THE MORTGAGE CORPORATION v (1) LAMBERT & CO (A FIRM) (2) THOMAS ALAN STANBURY
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.
[2000] BLR 265
HERSCHEL ENGINEERING LTD v BREEN PROPERTY LTD
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.
[2000] BLR 272
ALCOA MINERALS OF JAMAICA INC v HERBERT BRODERICK
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.
[2000] BLR 279
MAKEPEACE v EVANS BROTHERS (READING) (A FIRM) AND ANOR
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.
[2000] BLR 287
AT&T CORPORATION AND ANOR v SAUDI CABLE COMPANY
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.
[2000] BLR 293
NOTTINGHAM COMMUNITY HOUSING ASSOCIATION LIMITED v POWERMINSTER LIMITED
Adjudication - Housing Grants, Construction and Regeneration Act 1996, section 104 - Construction contract - Section 105 - Meaning of construction operations.
[2000] BLR 309
BLOOR CONSTRUCTION (UK) LIMITED v BOWMER & KIRKLAND (LONDON) LIMITED
Adjudication - Decision - Accidental error or omission - Implied term in construction contract to correct errors - Time within which to correct.
[2000] BLR 314
R DURTNELL AND SONS LIMITED v SECRETARY OF STATE FOR TRADE AND INDUSTRY
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.
[2000] BLR 321
ALFRED McALPINE CONSTRUCTION LIMITED v PANATOWN LIMITED
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.
[2000] BLR 331
LAFARGE REDLAND AGGREGATES LIMITED v SHEPHARD HILL CIVIL ENGINEERING LIMITED
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.
[2000] BLR 385
DISCAIN PROJECT SERVICES LIMITED v OPECPRIME DEVELOPMENT LIMITED
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.
[2000] BLR 402
ARTHUR JS HALL & CO (A FIRM) v SIMONS BARRATT v WOOLF SEDDON (A FIRM) HARRIS v SCHOFIELD ROBERTS & HILL (A FIRM)
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.
[2000] BLR 407
CO-OPERATIVE RETAIL SERVICES LTD. v TAYLOR YOUNG PARTNERSHIP HOARE LEA & PARTNERS AND ORS
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.
[2000] BLR 461
LONDON BOROUGH OF BARKING & DAGENHAM v TERRAPIN CONSTRUCTION LTD
JCT building contract with contractor’s design - Final account/final statement - Conclusive evidence - Employer’s requirements - Design defects - Patent and latent defects - Breach of statutory requirements.
[2000] BLR 479
SHEPHERD CONSTRUCTION LTD v MECRIGHT LTD
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.
[2000] BLR 489
WELDON PLANT LTD v THE COMMISSION FOR THE NEW TOWNS
ICE Conditions 6th Edition - Variation under clause 51 - Fair valuation under clause 52 - Inclusion of profit and overheads in fair valuation - Jurisdiction of arbitrator - Arbitration Act 1996, section 67(1) and (3) - Serious irregularity - Arbitration Act 1996, section 68.
[2000] BLR 496
HENRY BOOT CONSTRUCTION (UK) LIMITED v MALMAISON HOTEL (MANCHESTER) LTD
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.
[2000] BLR 509
BOUYGUES (UK) LIMITED v DAHL-JENSEN (UK) LIMITED
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.
[2000] BLR 522
DSND SUBSEA LIMITED (FORMERLY KNOWN AS DSND OCEANTECH LIMITED) v (1) PETROLEUM GEO-SERVICES ASA (2) PGS OFFSHORE TECHNOLOGY AS
Duress - Economic - Illegitimate pressure - Compulsion/lack of choice for victims - Inducement to enter into contract - Normal commercial bargaining - Voidable contract - Affirmation of contract.
[2000] BLR 530
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