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BALFOUR BEATTY REGIONAL CONSTRUCTION LTD v GROVE DEVELOPMENTS LTD

Contract – Construction – JCT Standard Form Design and Build 2011 – Interim payments – New schedule agreed that only went to July 2015 – What the contractual regime was for applications after that date – Express terms – Implied terms.

[2017] BLR 1

LESLIE v FARRAR CONSTRUCTION LTD

Contract – Overpayment – Restitution – Money paid without full calculation of actual “build costs” – Whether recoverable.

[2017] BLR 21

BEUMER GROUP UK LTD v VINCI CONSTRUCTION UK LTD

Adjudication – Enforcement – Natural justice – Adjudicator's failure to disclose involvement in separate adjudication involving same party and same subject matter – Inconsistent factual cases in separate adjudications – Impartiality – Disclosure of documents from separate adjudication – Denial of opportunity to advance case – Materiality of breach.

[2017] BLR 53

WILLMOTT DIXON CONSTRUCTION LTD v ROBERT WEST CONSULTING LTD

CPR 17.1(2)(b) – Application to amend Response to Request for Further Information – Vicarious liability – Independent contractors – Exceptionally hazardous or inherently dangerous works – Withdrawal of Support – Contributory negligence.

[2017] BLR 67

OCTOESSE LLP v TRAK SPECIAL PROJECTS LTD

JCT Intermediate Building Contract (IC 2011) – Clauses 2.22 and 2.23. – Deduction of liquidated damages – Certificates of non-completion. – Costs – Recovery of claims consultants’ fees.

[2017] BLR 82

ENERGY SOLUTIONS EU LTD v NUCLEAR DECOMMISSIONING AUTHORITY

Public procurement – Francovich conditions – Breaches need to be sufficiently serious – Factors to be taken into account – Non-exhaustive list of factors – Individual manifest errors in conjunction leading to wrong tenderer selection – Winning tenderer should have been disqualified.

[2017] BLR 92

DACY BUILDING SERVICES LTD v IDM PROPERTIES LLP

Adjudication – Jurisdiction – No contract – Difference as to the parties to the contract – Clarity as to who the contract parties are – Reservation as to jurisdiction.

[2017] BLR 114