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Building Law Reports Plus RSS feed

BLOOMBERG LP v SANDBERG (A FIRM) AND OTHERS

Contracts - Limitation clauses - Whether limitation clause in contractor's warranty to tenant limits consultant engineer's contribution claim against contractor

[2016] BLR Plus 2

MATTHEW HARDING (TRADING AS M J HARDING CONTRACTORS) v PAICE AND ANOTHER

Adjudication - Adjudication - Valuation of contractor's account - Lack of Pay Less notice - Decision of adjudicator based on lack of notice - Whether valuation element of dispute capable of subsequent adjudication - Refusal by judge at first-instance to grant injunction preventing subsequent adjudication - Appeal against refusal - Whether subsequent adjudication permitted - Construction of paragraph 9(2) of Part I of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998 No 649)

[2016] BLR Plus 5

WATTRET AND ANOTHER v THOMAS SANDS CONSULTING LTD

Experts - Professional negligence - Conduct of arbitration by surveyors - Permission to call expert evidence - CPR 35.1 - Quantity surveyor expert - Permission granted subject to court controls

[2016] BLR Plus 6

BROWN AND ANOTHER v COMPLETE BUILDINGS SOLUTIONS LTD

Adjudication - Previous adjudication - Contractor's claim rejected on technical grounds - Same or substantially the same dispute - Test - New payment application - Second adjudication in contractor's favour - Different dispute

[2016] BLR Plus 7

LARKFLEET LTD v ALLISON HOMES EASTERN LTD

Preliminary issue - Procedure to be followed when preliminary issues are ordered - Meaning of additional clause inserted into a JCT Design and Build Standard Form Building Contract - Operation of NHBC Scheme - Whether claimant’s cause of action statute-barred

[2016] BLR Plus 10

GARTELL & SON (A FIRM) v YEOVIL TOWN FOOTBALL & ATHLETIC CLUB LTD

Total failure of consideration - Determination of what contractual performance should have been - Fact that work done not precluding total failure - Breaches so serious that employer had not received contractual performance - Supply of Goods and Services Act 1982, section 13 - Reasonable care and skill - VAT not recoverable on remedial work costs if employer VAT registered - Overtime costs need to be proved

[2016] BLR Plus 11

WALTER LILLY & CO LTD v CLIN

JCT Contract with Quantities (2005 Rev 2) Designed Portion - Demolitions required - Planning consents - Obligations to secure consents - Risk of consents not obtained - Employer's area of responsibility - Implied terms to secure planning consents - Scope of implied terms - No absolute obligation implied - Contractor's implied duty to cooperate

[2016] BLR Plus 15