This was a case concerned with solicitors’ negligence, but the findings on what constitutes “knowledge” for the purposes of section 14A of the Limitation Act 1980 are likely to have wide application in the law of negligence of construction professionals. Their Lordships held that “knowledge” meant knowing with sufficient confidence to justify embarking on the preliminaries to the issue of a claim; and that knowledge that damage was “attributable” in whole or in part to the defendant’s acts or o ...
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This case concerned an agreement for the provision of software personnel in the UK which were subject to Indian law and an arbitration clause. Arbitration proceedings were commenced by the appellant in India, but the respondent notified the arbitrator that he was ill and unable to answer the claim, although he made some written submissions. An arbitration award was made in the respondent’s absence at a hearing where additional allegations (of male fides) were made against the respondent. The a ...
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C and D were parties to a construction contract which incorporated the CIC Model Adjudication Procedure, 3rd edition. They had also concluded a contract based on the RIBA Conditions of Engagement for the Appointment of an Architect, clause 9.2 of which deleted clause 29 of the Model Adjudication Procedure and provided instead for the adjudicator to have power to direct the payment of legal costs and expenses as part of the Adjudicator's decision. D had referred a dispute to adjudication but ab ...
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C designed, constructed and operated energy plants and had agreed to provide energy services at D's new paper mill for a period of 15 years. Pursuant to the agreement C was to charge D an annual charge (comprising of a finance element aswell as the operational costs) which was payable in 12 monthly instalments. Clause 14.4 of the contract enabled C to terminate the contract if D was in material breach of its obligation to pay charges. D failed to pay 3 separate monthly instalments because it di ...
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C sought to enforce two decisions by an adjudicator against 4 defendants who had, at various times, been trustee of an unincorporated association (“the Club”). The Club had purported to employ C to construct a sports complex. HHJ Coulson rejected Ds’ argument that the adjudicator had had no jurisdiction to reach either decision on the grounds that the proper defendants were each and every member of the Club. HHJ Coulson enforced the decisions against the 4 defendants on the basis that a trust ...
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This was a trial of various preliminary issues, including whether the employer was entitled under the contract to appoint itself as the construction manager. Mr Justice Jackson held that a construction manager has a duty to be independent, honest, fair and impartial, and that he must perform his functions with reasonable skill and care to reach a decision which is fair and right, rather than a decision which favours the employer. This duty is not diluted by the presence of other professionals o ...
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C was a water and sewerage undertaker which operated waste water treatment plants, one of which treated effluent from a brewery and another treated effluent from a milk processing plant. Case regarding the application of the Pollution Prevention and Control (England and Wales) Regulations 2000. The Court held :- (1) the 2000 Regulations were intended to apply to waste water treatment activities and also applied to sludge; (2) the distances between the waste water treatment plants and the bre ...
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D engaged C under a contract for the carrying out of ground works. A dispute over various heads of claim was referred to adjudication, including an overtime claim based solely on a letter from D which was alleged by C to have been an instruction to accelerate. The adjudicator ordered D to make payments to C under each head of claim, finding in respect of the overtime claim that D had verbally instructed overtime or acquiesced in C working overtime. C issued proceedings in Scotland’s Court of Ses ...
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Commercial/Construction
The pursuers seek payment of certain sums which were awarded to them by a decision of an adjudicator and which the defenders have refused to pay. In January the court heard an opposed motion by the pursuers for interim decree in respect of four of the awards made by the Adjudicator together with certain interest. This motion was granted. The remaining element of the Adjudicator's decision is in respect to of the pursuers' claim for payments in respect of overtime work. The defenders sought to re ...
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C engaged D, a firm of architects, to design and manage the refurbishment of a department store. The refurbishment project considerably overran C’s budget as a result, C alleged, of D’s failure to perform its services with reasonable care and skill. HHJ Thornton QC gave judgment for C, finding that, at the commencement of the works, the design was insufficiently developed, and that D should have advised C to have the works carried out in two separate phases. It was also found that D failed to ...
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