Considering an application for summary judgment to enforce an adjudicator’s decision, Jackson J held that a slight delay in the issuing of the adjudicator’s decision was not fatal to that decision. He followed the cases of the TCC in Simon Construction Ltd v Aardvark Developments Ltd [2004] BLR 117 and Barnes & Elliot Ltd v Taylor Woodrow Holdings [2004] BLR 111 rather than the Scottish authorities (Ritchie Brothers (PWC) Ltd v David Phillip (Commercials) Ltd [2005] CSIH 32 and Aardmore Constru ...
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A taxpayer, D, appealed against a ruling upholding the decision of the Inspector of Taxes, C, not to renew D’s construction industry certificate on account of significant delays in the payment of PAYE and national insurance contributions. D argued that its late payments should be regarded as “minor and technical” for the purposes of the Income and Corporation Taxes Act 1988 s.565(4) and, therefore, should not amount to a reason for refusal of the certificate. It was held that the construction in ...
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A builder was found to be in breach of its duty to construct an extension to the flat roof of a residential home with reasonable care and skill because, whilst the builder had followed the drawings prepared by the homeowner’s architect, the builder had failed to spot a problem in the architect’s drawings. The builder should have advised the homeowner that the design for the roof extension was defective. The Court of Appeal found that an appreciation of what the plans provided and did not provi ...
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C engaged D as architect in connection with the construction of an extension to C's property; D's obligations included administering of the building contract. C raised complaints regarding D's alleged failure to administer the building contract which related to the quality of the brickwork, mortar and pointing; these claims were settled for a sum which was said to relate to "all claims made". Subsequently C made further claims on the basis that the mortar used had been discovered to be unsuita ...
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D had been employed on a JCT standard form contract to construct a warehouse for an industrial and provident society, X. Clause 18 of the building contract provided that neither party could assign without the other’s written consent. X had ceased to exist after resolving to transfer the whole of its property and all of its engagements to C pursuant to s.51(1) of the Industrial and Provident Societies Act 1965. C had resolved to fulfil all X’s engagements, but did not inform D of that fact. It wa ...
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The parties entered into a bespoke contract whereby D was to design, build and install a waterborne paint spraying system at C’s premises. C alleged that the equipment was never completed and was defective, but nevertheless took over the system and began using it. C brought proceedings for breach of contract, and preliminary issues arose as to whether the defendant could rely on terms in the contract to exclude or limit any liability. It was held that the first instance judge was wrong to find t ...
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C claimed payment for the construction of a new sports facility at D’s premises. D counterclaimed for unfinished and defective work. C had tendered for the works on a JCT standard form of contract. However, D decided to appoint C to undertake the works under letters of intent, as the execution of certain documents was to be deferred until after the grant of planning permission. After completetion of the main elements of the work, D refused to sign the contractual documents, insisting that it wou ...
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C, a building contractor, was engaged to construct a mikvah by D. Following completion of construction, C commenced adjudication proceedings in respect of the final account. An award for a substantial sum of money was made by the adjudicator, which D failed to pay. C issued proceedings to enforce the adjudicator’s award by way of summary judgment under CPR 24. Prior to the hearing, it became apparent that D was an unincorporated association and thus had no legal personae. C issued an applicat ...
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The parties had entered into a contract which expressly provided that any dispute should be resolved by an arbitrator under arbitration that would be governed by Swiss law and have its seat in Switzerland. A dispute arose, and the appointed arbitrator proposed to hold a hearing into his own jurisdiction. The appellant alleged that the provision relating to arbitration had been procured by fraud, and applied for an interim injunction to restrain the arbitrator from holding a hearing into his ow ...
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Civil Proof - Breach of Building Contract:
This case was related to certain defects in a swimming pool forming part of a leisure centre at Fisherrow, usselburgh. The leisure centre was constructed for the pursuers by the defenders under a design and build contract. The defenders pled that any obligation which they may have had to pay damages to the pursuers had been extinguished by the five year negative prescription provided for under section 6 of the Prescription and Limitation (Scotland) Act 1973. A preliminary proof before answer was ...
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