C had sought enforcement of Adjudicator’s decision for payment of final account. Judge had held not enforceable on basis that the C’s contention that JCT contract had been concluded was incorrect. CA granted appeal by C and held that there was a JCT contract in place because tender invitation submitted by B’s quantity surveyor had provided that JCT form would apply and fact that two parties proposed that their agreement should be contained in a formal contract (which was not actually achieved) ...
|
Determination of preliminary issues in relation to C's claim for damages for breach of contract against D arising out of alleged defects in a paint spraying system designed, built and installed by D. D's breaches contract prevented substantial completion being achieved and no final acceptance test of the system was carried out. C took system over and operated it for several years and had also made payment to D notwithstanding provisions in the contract that D would not be entitled to payment. In ...
|
Appeal against decision that claim was statute barred.
|
D had instituted adjudication proceedings but subsequently abandoned them after both parties had incurred substantial costs. The Adjudicator ordered D to pay (1) the Adjudicator’s fees; and (2) C’s costs. Contract provided Adjudicator could, in his discretion, direct payment of legal costs and expenses "as part of his decision". C sought enforcement of Adjudicator’s order. Judge held that C was not entitled to its costs because (1) contract only provided for payment of legal costs if it was as ...
|
D retained C to carry out building works to convert former offices into residential flats. Contract was concluded orally but during performance of contract C wrote to D setting out understanding of contract, to which letter D responded in writing. C applied to enforce Adjudicator’s decision awarding payment by D. Judge held that there was not a written contract for purposes of s 107(2)(b) and the letters did not evidence the material terms of the agreement such that s 107(2)(c) did not apply.
|
C had retained D1 to carry out improvement works to a sewage works to enable Y to comply with revised effluent standards. D1 retained pursuant to design and performance contract. C maintained plant as designed and constructed was defective. D1 succeeded in defence to claim on basis that contractual performance test would have been satisfied had it been carried out. Permission to appeal sought on 19 grounds. Permission was refused because it would not be viable unless C was able to re-open Jud ...
|
Arbitration Act 1996. C sought (1) removal of arbitrator (s 24); or (2) setting aside of award (s 68). Judge held (1) s68 application could not be entertained because it was made outside time limit under s70(3) and it was not appropriate to extend time where C had been guilty of serious delays throughout arbitration; (2) C had lost right to object under s24 and s68 because C had not objected to conduct of Arbitrator at time (s 73); (3) s68 application also barred because C had not exhausted reco ...
|
Challenge to Arbitrator's award under s 69(2)(b) of Arbitration Act 1996 on the basis that award was made in excess of jurisdiction. C also challenged the award of interest. Underlying contract had been for the construction of a dam in Lesotho and had provided for payment to contractors in Maloti. The value of Maloti had plummetted between the time when C should have made payment under the contract and the date of the Arbitrator's award and the Arbitrator awarded payment in the currency of the c ...
|
D had sought stay of enforcement of Adjudicator's Decision on basis that alternative Arbitration proceedings had been commenced and there were grounds to be concerned that C's financial position meant C would be unable to repay sum paid under Adjudicator's Decision if Arbitration required it. Judge refused to grant stay of execution following Adjudicator's award because D had failed to show that C was insolvent or that there were reaonable grounds to believe that C would be unable to repay sum i ...
|
Judge being asked to determine the meaning of "all direct costs and directly incurred losses" as it is used in a letter forming the basis of the contract between the parties. Comparison of this expression and the phrase "direct loss and/or expense" as used in the JCT forms of contract.
|
| 1 2 |