Building Law Reports

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

CONNECT PLUS (M25) LTD v HIGHWAYS ENGLAND COMPANY LTD

Expert determination – Jurisdiction – Contractual interpretation – “A matter comprised in the Dispute” – Stay of proceedings.

[2017] BLR 33

THE COUNCIL OF THE BOROUGH OF MILTON KEYNES v VIRIDOR (COMMUNITY RECYCLING MK) LTD

Procedure – Amendment – Late application for permission to amend Defence by adding second defendant. – Rectification – Claimant seeking to rectify contract with defendant – Relevance of acquisition of shares in defendant by another party.

[2017] BLR 47

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

BITUMEN INVEST AS v RICHMOND MERCANTILE LTD FZC

Guarantee – Whether “on demand” guarantee – Construction of terms – Summary judgment – CPR Part 24.

[2017] BLR 74

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

MICHAEL WILSON & PARTNERS LTD v THOMAS SINCLAIR

Costs order – Execution – Stay – CPR Part 3.1(2)(f) – CPR Part 83.7 – Principles – Discretion.

[2017] BLR 125

HIS ROYAL HIGHNESS EMERE GODWIN BEBE OKPABI AND OTHERS v ROYAL DUTCH SHELL PLC AND SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD

Foreign claimants – Pollution in the Niger Delta – Holding and operating companies sued – CPR 11(1)(a) and (b) – Duty of Care by holding company – Foreseeability, proximity and reasonableness – Applicable substantive law – Nigerian law – Regulation EC 864/2007 (Rome II) – Expert evidence – Permission to call expert evidence – The position of the claimant's solicitors – CFAs or equivalent available in Nigeria.

[2017] BLR 136

SOUTH COAST CONSTRUCTION LTD V IVERSON ROAD LTD

Adjudication – Enforcement – Insolvency Act 1986 – Administration – Notice of intention to appoint an administrator – Permission to proceed with enforcement application. – Adjudication – Enforcement – Jurisdiction – Scope of dispute – Construction of notice of adjudication – Decision on issues raised in a cross-claim.

[2017] BLR 169

MAILBOX (BIRMINGHAM) LTD v GALLIFORD TRY CONSTRUCTION LTD

Assignment – Party entitled to maintain claim in adjudication – Enforcement of Adjudicator's decision.

[2017] BLR 180

SURREY AND SUSSEX, HEALTHCARE NHS TRUST V LOGAN CONSTRUCTION (SOUTH EAST) LTD

Adjudication - Part 8 - Validity of Interim Payment Notice and Pay Less Notice.

[2017] BLR 189

CARILLION CONSTRUCTION LTD v EMCOR ENGINEERING SERVICES LTD AND EMCOR (UK) LTD

DOM/2 subcontract form – Delay – Extension of time – How such extension was to be fixed – Whether “contiguous” or “non-contiguous”.

[2017] BLR 203

MILTON KEYNES BOROUGH COUNCIL v VIRIDOR (COMMUNITY RECYCLING MK) LTD

Contracts – Mistake – Common mistake – Unilateral mistake – Rectification – Defences – Laches – Acquiescence. – Contracts – Entire agreement clauses – Whether a bar to rectification. – Public Procurement – Public Contract Regulations 2006 (SI 2006 No 5) – Regulations 18(25) and 18(26) – Whether breach of Regulations is a bar to rectification.

[2017] BLR 216

WHEELDON BROTHERS WASTE LTD v MILLENNIUM INSURANCE COMPANY LTD

Experts – CPR Part 35 – Defendant retains expert initially – Claimant engages same expert – Confidentiality – Defendant's ability to retain expert for litigation – Expert's duty to the court – Overriding objective.

[2017] BLR 234

COSTAIN LTD v TARMAC HOLDINGS LTD

Arbitration Act 1996, section 9 - Construction of Dispute Resolution provisions in NEC 3 Framework Contract and NEC 3 Supply Short Contract - Whether the Arbitration Agreement is inoperative under the Arbitration Act 1996, section 9(4) - Whether Arbitration Agreement is null and void because Adjudicator exceeded his jurisdiction - Whether party estopped from relying on Arbitration Agreement.

[2017] BLR 239

JOSEPH GLEAVE & SON LTD v SECRETARY OF STATE FOR DEFENCE

Public procurement – Challenge to tender documents – Contract not yet awarded – Whether expedited trial should be ordered before contract award – Whether stay should be granted pending contract award.

[2017] BLR 264

LEJONVARN v BURGESS AND ANOTHER

Duty of care – Services provided gratuitously – Correct test for establishing whether a duty of care is owed – Scope of duty.

[2017] BLR 277

SYMBION POWER LLC v VENCO IMTIAZ CONSTRUCTION COMPANY

Arbitration – Serious irregularity – Arbitration Act 1996, section 68(2)(d) – Tribunal's failure to deal with all issues put to it – Principles applicable – Substantial injustice required – Arbitrator's confidential communication with one party – Remission or setting aside – Confidentiality.

[2017] BLR 297

CELTIC BIOENERGY LTD v KNOWLES LTD

Arbitration – Arbitration Act 1996, section 68 – Application to set aside award based on serious irregularity – Fraud.

[2017] BLR 312

AECOM DESIGN BUILD LTD v STAPTINA ENGINEERING SERVICES LTD

Adjudication – Jurisdiction – Whether dispute extended to the proper assessment of deductions for defects – Enlargement of dispute by responding party. – Adjudication – Natural justice – Adjudicator's decision different from position advanced by either party – Whether parties given sufficient opportunity to make submissions.

[2017] BLR 329

HUTTON CONSTRUCTION LTD v WILSON PROPERTIES (LONDON) LTD

Adjudication – Enforcement – Part 8 proceedings.

[2017] BLR 344

NUCLEAR DECOMMISSIONING AUTHORITY v ENERGY SOLUTIONS EU LTD (NOW CALLED ATK ENERGY EU LTD)

Procurement – Damages – Application of Francovich conditions – Requirement for breach(es) to be “sufficiently serious”. – Automatic stay – Failure to issue in time to prevent contract being entered into with other bidder – Whether failure to mitigate.

[2017] BLR 351

SUN ALLIANCE (BAHAMAS) LTD AND ANOTHER v SCANDI ENTERPRISES LTD

Insurance contract – Interpretation – Whether existing structure is part of contract works – Whether policy a valued policy.

[2017] BLR 371

RCS CONTRACTORS LTD v CONWAY

Adjudication – Jurisdiction – Multiple contracts.

[2017] BLR 376

PEEL PORT SHAREHOLDER FINANCE COMPANY LTD v DORNOCH LTD

Pre-action disclosure – CPR 31.16 – Third Parties (Rights against Insurers) Act 2010 – Application for disclosure of insurance policy against a solvent company – Whether to exercise discretion to grant disclosure – Relevance of statutory and procedural landscape.

[2017] BLR 382

GOODLIFE FOODS LTD v HALL FIRE PROTECTION LTD

Fire – Exclusion clause – Unfair Contract Terms Act 1977 – Consumer Protection Act 1987, section 41(1) – Electrical Equipment (Safety) Regulations 1994 (SI 1994 No 3260) – Claim in negligence and breach of statutory duty – Exclusion clause partly unenforceable – Effect on remainder of clause – Reasonableness of clause.

[2017] BLR 389

PERSIMMON HOMES LTD AND OTHERS v OVE ARUP & PARTNERS LTD AND ANOTHER

Contract – Purported exclusion of liability – Exemption clauses – Exclusion clauses – Construction of clause stating “liability for any claim in relation to asbestos is excluded”.

[2017] BLR 417

RUSSELL AND ANOTHER v PETER STONE (TRADING AS PSP CONSULTANTS) AND OTHERS

Contracts – Standstill Agreements – Interpretation – Whether effect is to extend time or suspend the running of time – Whether protection of earlier agreement is lost by conclusion of a further agreement – Relevance and effect of recitals – Relevance of unamended standard form or template agreement – Commercial common sense – Clear words.

[2017] BLR 429

MAILBOX (BIRMINGHAM) LTD v GALLIFORD TRY BUILDING LTD (FORMERLY KNOWN AS GALLIFORD TRY CONSTRUCTION LTD)

Part 8 – Serial adjudication – Liquidated damages – Extensions of time.

[2017] BLR 443

VILCA AND OTHERS v XSTRATA LTD AND OTHERS

Expert evidence – Foreign law – Two experts previously instructed – Most recent expert withdrew because of ill-health – Application for extension of time for exchange of expert reports – Whether court should impose condition that previous experts’ reports should be disclosed.

[2017] BLR 460

AFRICAN EXPORT-IMPORT BANK AND OTHERS v SHEBAH EXPLORATION & PRODUCTION COMPANY LTD AND OTHERS

Unfair Contract Terms Act 1977, section 3 – Dealing on the other's written standard terms of business – Standard industry terms.

[2017] BLR 469

M T HOJGAARD A/S v E.ON CLIMATE & 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.

[2017] BLR 477

ATLANTISREALM LTD v INTELLIGENT LAND INVESTMENTS (RENEWABLE ENERGY) LTD

Privilege - Disclosure - Inadvertent disclosure of privileged document - CPR 31.20 - Relevant principles.

[2017] BLR 489

CHRISTOPHER LINNETT LTD AND ANOTHER v MATTHEW J HARDING (TRADING AS M J HARDING CONTRACTORS)

Adjudication – Adjudicator's engagement – Adjudicator's fees – Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013 No 3134) – Whether commercial contract – Interest – Late Payment of Commercial Debts (Interest) Act 1998 – Late Payment of Commercial Debts Regulations 2013 (SI 2013 No 395).

[2017] BLR 498

ADVA OPTICAL NETWORKING LTD AND ANOTHER v OPTRON HOLDING LTD, ROTRONIC INSTRUMENTS (UK) LTD; ROTRONIC INSTRUMENTS (UK) LTD v A ONE DISTRIBUTION (UK) LTD

Relief from sanction - Judgment in default - Extension of time for service of defence - Serious default – Absence of delay to proceedings or additional costs – Whether judgment in default is desirable if contrary to claimant's primary position and contingent upon the claimant's liability up the line.

[2017] BLR 516

POLYTEC OVERSEAS LTD AND ANOTHER v GRAND DRAGON INTERNATIONAL HOLDINGS COMPANY LTD AND ANOTHER

Arbitration Ordinance – Mandatory stay to arbitration – Construction of contracts.

[2017] BLR 523

THE ROYAL DEVON AND EXETER NHS FOUNDATION TRUST v ATOS IT SERVICES UK LTD

Contract – Limitation of liability – Consequential damages – Exclusion of liability – So-called “wasted expenditure” – Points of construction – Preliminary issues.

[2017] BLR 533

VINCI CONSTRUCTION UK LTD v BEUMER GROUP UK LTD

Sectional completion – Liquidated damages – Interpretation – Whether works falling within sections were sufficiently identifiable and certain – Whether liquidated damages clause operable/enforceable.

[2017] BLR 547

MEDITERRANEAN SHIPPING COMPANY v SOTRAMON LTD

Negligence – Mauritian Civil Code – Doctrine of faute lourde – Gross negligence delict – Whether duplicated by claim in contract – Damages for faute lourde same as for breach of contract.

[2017] BLR 558

MOTT AND ANOTHER v LONG AND ANOTHER

Costs – Failure to serve costs budget pursuant to CPR 3.13 – Relief from sanctions under CPR 3.9 – Test to be applied and factors to be assessed.

[2017] BLR 566

CRUDEN BUILDING & RENEWALS LTD v SCOTTISH WATER

Nuisance – Negligence – Breach of statutory duty – Escape of foul water.

[2017] BLR 575

LUNGOWE AND OTHERS v VEDANTA RESOURCES PLC AND ANOTHER

Jurisdiction – Whether claims by Zambian nationals should be brought in England – Recast Brussels Regualtion – Forum conveniens – Principles applicable.

[2017] BLR 585

NORTH MIDLAND BUILDING LTD v CYDEN HOMES LTD

Acts of prevention – JCT Design and Build Contract 2005 – Extension of time – Concurrent delay caused by Contractor – Clause requiring such concurrent delays to be disregarded enforceable.

[2017] BLR 605

SQUIBB GROUP LTD v POLE 2 POLE SCAFFOLDING LTD

Arbitration award – Application for extension of time to appeal against award – Arbitration Act 1996, sections 69, 70 and 80 – 12 weeks’ delay – Need for reasonable explanation – Whether prejudice suffered by delay – Other factors to be taken into account – Need for speedy finality.

[2017] BLR 613

JACOBS UK LTD (FORMERLY KNOWN AS JACOBS ENGINEERING UK LTD) v SKANSKA CONSTRUCTION UK LTD

Adjudication – Agreed procedure and timetable – Withdrawing and restarting adjudication – Serial adjudications – Whether unreasonable and oppressive – Injunctions restraining adjudication – Compensation for wasted/additional cost.

[2017] BLR 619

THE GOVERNORS AND COMPANY OF THE BANK OF IRELAND AND ANOTHER v WATTS GROUP PLC (NO 2)

Costs – Basis of assessment – Indemnity or standard – Relevance of defendant's offers (Part 36 and otherwise). – Costs – Interim payment on account – Relevance of approved costs budget.

[2017] BLR 626