Category: Construction Law Case Studies

Subcontractor v Contractor 2010

Tribunal: Adjudication Dispute: Monetary claim Law: Terms of the contract; Rectification of the contract; Side letter to a deed; Documentary and Oral evidence; Jurisdiction; Set-off; Liquidated damages Synopsis: The tribunal faced probative evidence from the parties on the above. More fundamentally, the terms of the contract and the jurisdiction of the tribunal were under scrutiny.…
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Employer v Consultant 2010

Tribunal Adjudication Dispute Monetary claim Law Terms of the Contract; Breach of Contract; Tort of Negligence; Supply of Goods and Services Act 1982; Synopsis The Employer engaged the Consultant to provide the services of Project Management, Quantity Surveying and Site Management for the construction of a seven residential properties and associated external works. The construction…
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Contractor v Insurer 2012

Tribunal Litigation Dispute Monetary claim Law Breach of Contract Synopsis The Contractor entered into an insurance contract that provided Construction All Risk insurance for the Works. Damage occurred to the works, following completion of the construction contract. The cost of rectifying the damage including expert evidence fees; legal fees; consultant fees and interest exceeded £20…
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Contractor Administrator v Employer 2010

Tribunal Mediation Dispute Monetary claim Law Terms of the Contract; Breach of Contract; Tort of Negligence; Supply of Goods & Services Act 1982 Synopsis The Consultant commenced litigation proceedings against the Employer for unpaid fees in respect of work completed. It was accepted by the Employer that fees were owed to the Consultant. However, a…
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Contractor v Designer 2011

Dispute Monetary claim Law Terms of Contract; Breach of contract; Tort of Negligence; Supply of Goods & Services Act 1982 Synopsis The Contractor employed the Consultant to provide structural engineering design services in order to tender and secure the contract to design and construct a waste recycling composting facility. Following the award of the contract,…
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