In order to deliver a personalised, responsive service and to improve the site, we remember and store information about how you use it. This is done using simple text files called cookies which sit on your computer. By continuing to use this site and access its features, you are consenting to our use of cookies.
To find out more about the way Informa Law uses cookies please go to our Cookie Policy page. Close

Building Law Reports RSS feed

EUROCOM LTD v SIEMENS PLC

Adjudication – Request for nomination of adjudicator – RICS form – Identification of named adjudicators with conflicts – Possible fraudulent misrepresentation – Implied term not to subvert nomination process – Vitiation of adjudicator’s appointment – Overlap between decisions in two adjudication decisions.

[2015] BLR 1

NATS (SERVICES) LTD v GATWICK AIRPORT LTD DFS DEUTSCHE FLUGSICHERUNG GMBH (INTERESTED PARTY)

Public procurement – Implementation of European Directive 2007/66/EC – Automatic suspension of tender process or equivalent injunction already in place until trial – Pleadings – Amendment of pleadings – application to strike out – Principles applicable to tenders under EC Regulations and whether duty in relation to “abnormally low” tenders – Expedited trial due to issues – Lack of time prior to trial and effect of amendment.

[2015] BLR 19

RENDLESHAM ESTATES PLC AND OTHERS v BARR LTD

Defective Premises Act 1972 – Meaning of “dwelling”, “in connection with the provision of a dwelling” and “fitness for habitation” – Measure of damages in respect of common parts – Damages for blight – Damages for inconvenience and distress.

[2015] BLR 37

PT PERUSAHAAN GAS NEGARA (PERSERO) TBK v CRW JOINT OPERATION (INDONESIA)

Dispute adjudication board – FIDIC Red book – Binding nature of decision – Reviewable in arbitration – Enforceability of DAB decision – International Arbitration Act 2002 (Singapore) – Jurisdiction of arbitrators to issue interim award – Breach of natural justice rules.

[2015] BLR 119

SAVOYE AND SAVOYE LTD v SPICIERS LTD

Adjudication – Enforcement of adjudicator's decision – “Construction operations” – Housing Grants, Construction and Regeneration Act 1996, section 105 – [Fixtures] – “Form part of the land”.

[2015] BLR 151

IMTECH INVIRON LTD v LOPPINGDALE PLANT LTD

Adjudication – Adjudication clause in main contract – No adjudication clause expressed in subcontract – Incorporation of main contract terms – Analysis of what was incorporated – Suitability for summary judgment process – One dispute under one subcontract referred to adjudication.

[2015] BLR 183

ISG CONSTRUCTION LTD v SEEVIC COLLEGE

Adjudication – Jurisdiction – Entitlement to payment – Valuation of works – Payless notices – Recovery of monies overpaid.

[2015] BLR 233

GROUP M UK LTD v CABINET OFFICE

Public procurement – Removal statutory suspension – Remedies Directive No 2007/66/EC – Principles governing injunctive relief – So-called “American Cyanamid” and those governing suspension of contract award under – Public Contract Regulations 2006 (SI 2006 No 5) – Public interest.

[2015] BLR 258

ASPEN INSURANCE UK LTD v ADANA CONSTRUCTION LTD

Insurance – Combined contractors' liability policy – Public liability – Product liability – Meaning of product – Failure of work to perform intended function – Appropriateness of negative declaration is sought by insurers – Meaning of “superstructure” – Crane as “superstructure”.

[2015] BLR 273

PAICE AND ANOTHER v MJ HARDING (TRADING AS MJ HARDING CONTRACTORS)

Adjudication – Four adjudications – Same adjudicator for first, third and fourth – Telephone contact between claimants and adjudicator’s office – Apparent bias – Test for bias – Fair-minded and informed observer – Adjudicator’s explanations relevant matter in considering bias – Waiver of bias – Overlap between third and fourth decisions – Lack of jurisdiction in later adjudication.

[2015] BLR 345

HERON BROS LTD v CENTRAL BEDFORDSHIRE COUNCIL

Public Contracts Regulations 2006 (SI 2006 No 5) – Period for service of claim form – Service of unsealed claim form within statutory period – Application to strike out claim – Discretion to cure irregularity in service of unsealed claim form – Regulation 47F – Service of claim form in accordance with rules of court – Valid service achieved when step taken in accordance with CPR 7.5(1) within seven days of issue of claim form.

[2015] BLR 285

KHURANA AND ANOTHER v WEBSTER CONSTRUCTION LTD

Adjudication agreement – Binding decision – Access to the courts – Unfair Terms in Consumer Contracts (SI 1999 No 2083), regulations 5 and 7 – Application to stay the action – Principles.

[2015] BLR 396

ALLIANCE CONCRETE SINGAPORE PTE LTD v SATO KOGYO (S) PTE LTD

Contract – Frustration of contract – Unspecified source unavailable after contract formation – Whether parties contemplated the unspecified source – Whether parties discharged from further performance – Whether failure to supply sand prior to frustration amount to repudiatory breach.

[2015] BLR 410

MT HØJGAARD A/S v E.ON CLIMATE AND RENEWABLES UK ROBIN RIGG EAST LTD AND ANOTHER

Construction of a contract for the design and installation of wind turbines – Warranty of fitness for purpose – Whether provision requiring compliance with industry standard qualified obligation of fitness for purpose – Whether obligation to comply with contractual technical standard imposed a strict obligation – Meaning of 20-year design life.

[2015] BLR 431

SECRETARY OF STATE FOR DEFENCE v TURNER ESTATES SOLUTIONS LTD

Arbitration – Preliminary issues – Arbitration Act 1996, section 45 – Criteria for court ordering preliminary issues – Question law – Substantial effect on parties' rights – Substantial costs savings – Construction of contract – Canons of construction.

[2015] BLR 448