We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. 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

ILIFFE AND ANOTHER v FELTHAM CONSTRUCTION LTD AND OTHERS

Summary judgment – CPR Part 24.2 – No real prospect of success – Other compelling reason – Fire case – Joinder of third parties – Issues about causation – Third party pleadings not closed – Damages remaining to be assessed in any event.

[2015] BLR 544

WOODS BUILDING SERVICES v MILTON KEYNES COUNCIL

Procurement – Evaluation criteria – Duty of transparency – Duty of fairness and equal treatment – Undisclosed criteria – Manifest error – Role of unsuccessful tenderer's ex-employee in evaluation exercise by authority – Conflict of interest – Use by successful tenderer of competitor's confidential information taken unlawfully.

[2015] BLR 571

WOODS BUILDING SERVICES v MILTON KEYNES COUNCIL (NO 2)

Procurement – Authority in breach of duties of transparency, fairness and equal treatment – Remedy – Corrected evaluation score showed claimant out-scored successful tenderer – Whether court would order authority to contract with claimant – Damages.

[2015] BLR 591

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

Adjudication – FIDIC Contract Red Book – Clause 20 – Dispute adjudication board – International Arbitration Act 2002 – Partial and interim awards – Provisional awards – Final awards – DAB decision given effect to – Final and binding nature of decisions ad awards – Impact of later Partial Award on merits – International Arbitration Act 2002, section 19B.

[2015] BLR 595

NH INTERNATIONAL (CARIBBEAN) LTD v NATIONAL INSURANCE PROPERTY DEVELOPMENT COMPANY LTD (NO 1) AND (NO 2)

FIDIC Contract for Construction 1999 1st Edition – Clause 2.4 Employer's financial arrangements made and maintained – Reasonable evidence to be provided – Termination by contractor for breach of clause 2.4 – Question of fact for arbitrator – Clause 2.5 Employer's rights to set off and cross-claim – Employer's notice and particulars as condition precedent.

[2015] BLR 667

PORTSMOUTH CITY COUNCIL v ENSIGN HIGHWAYS LTD

PFI contract – Highway network – Service points for defaults by contractor – Good faith – Expressed and implied – Contract interpretation – Limited scope of good faith duty – Best Value Duty.

[2015] BLR 675

HENIA INVESTMENTS LTD v BECK INTERIORS LTD

Part 8 proceedings – Interim Application for Payment – Interim Certificate – Pay Less Notice – Payment provisions – JCT Standard Building Contract without Quantities 2011 – Housing Grants, Construction and Regeneration Act 1996 (as amended).

[2015] BLR 704

THE CENTRAL TENDER BOARD v VERNON WHITE (TRADING AS WHITE CONSTRUCTION SERVICES)

Tender – Public body – Finance (Administration) Act 2008 (Montserrat), section 57 – Procurement and Stores Regulations – Ultra vires – Tender accepted – Time for completion not expressed in tender – Implied contract between tenderers and employer – Duty to act fairly in treatment of tenderers.

[2015] BLR 727

OPENVIEW SECURITY SOLUTIONS LTD v MERTON LONDON BOROUGH COUNCIL

Regulations 47A, C, G to L – Public Contracts Regulations 2006 (as amended) (SI 2006 No 5) – Automatic suspension where alleged breach by contracting authority to economic operator – Application to set aside automatic suspension – Whether damages an adequate remedy.

[2015] BLR 735

WYCOMBE DEMOLITION LTD v TOPEVENT LTD

Adjudication enforcement – CPR Part 24 – Reference of multiple disputes – Breaches of natural justice – Adjudicator refusing to make visit to site – Adjudicating deciding valuation basis on alternative methodology without opportunity to comment.

[2015] BLR 765

SSE GENERATION LTD v HOCHTIEF SOLUTIONS AG AND ANOTHER

NEC Contract (2nd Edition) – Indemnity provisions – Insurance provisions – Interrelationship of such provisions – No presumption that insurance provisions had primacy – No implied term that one co-assured could not sue another.

[2015] BLR 774