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1 Construction Law Reports Arbitration, Building and Construction Law Reports. ABC.L.R. Construction Case Transcripts in NADR House Style

2 Building and Construction Case Summaries Details recent UK Construction Cases, with short description or summary and analysis where time permits.Last updated 9th April 2006

3 Building & Construction Case Data Base by Date UK Construction Law Cases in reverse date order starting with the most recent case. Last updated 14th July 2007.

4 Building & Construction Case Data Base by Topic UK Construction Law Cases : Indexed by topic. Last updated 14th July 2007.

A E Yates Trenchless Solutions Ltd v Black & Veatch Ltd [2008] EWHC 3183 (TCC) Application for declaration : Battle of the forms - which contract terms apply. Mr Justice Akenhead. 19th December 2008

Abbott v Will Gannon & Smith Ltd. [2005] EWCA Civ 19 Accrual of action - statutory limitation -negligent design - Pirelli and Murphy revisited. CA on appeal from Judge Childs, Exeter CC before Mummery LJ, Tuckey LJ. Clarke LJ.2nd March 2005.

Actionstrength Ltd v International Glass Eng. [2003] UKHL 17 Guarantees : A guarantee must be in writing under s4 Statute of Frauds 1677 - so a sub-contractor cannot rely on an oral promise. Appeal failed. House of Lords. Lords Bingham; Woolf; Hoffmann; Clyde; Walker. 3rd April 2003

Actionstrength Ltd v International Glass Engineering [2001] EWCA Civ 1477 Guarantees : A guarantee must be in writing under s4 Statute of Frauds 1677 - so a sub-contractor cannot rely on an oral promise. CA. Simon Brown LJ, Peter Gibson LJ, Tuckey LJ.10 October 2001.

AG Falkland Islands v Gordon Forbes Construction (Falklands) Ltd [2003] F.I.S.Ct 14.03.2003 FIDIC 4th : Clauses 53 & 54 : Contemporary records in support of additional payments do not include notes made subsequently for the purpose of litigations. Falkland Islands Supreme Court, Sanders, Acting Judge, 14th March 2003

Alderson v Beetham Organisations Ltd [2003] EWCA Civ 408 Defective Premises Act : Limitation Period. CA. Aldous LJ; Judge LJ; Longmore LJ. 2nd April 2003.

Alfred McAlpine Capital Projects Ltd v Tilebox Ltd [2005] EWHC 2 Validity of liquidated damages clause. Mr Justice Jackson. TCC. 25th February 2005

Alfred Mcalpine Construction Limited v Panatown Limited [2000] UKHL 43 Recovery of nominal or substantial damages by a non-owner. Recovery on behalf of third party : collateral warranties. Lords Clyde; Goff; Jauncey; Browne-Wilkinson; Millett. 27th July 2000

Alfred Mcalpine Construction Ltd v Panatown Ltd [1998] EWCA Civ 154 Recovery of nominal / substantial damages by a non-owner. Evans LJ; Hutchison LJ; Mantell LJ. 5th February 1998

Alfred Mcalpine Construction Ltd v Panatown Ltd [1998] EWCA Civ 454 Recovery of nominal or substantial damages by a non-owner. Evans LJ; Hutchison LJ; Mantell LJ. 13th March 1998

Alfred McAlpine Construction Ltd v Panatown Ltd [2001] EWCA Civ 485 Recovery of nominal or substantial damages by a non-owner. Waller LJ; Mantell LJ; Mr Justice Newman. 5th April 2001

Amalgamated Roofing & Building Co v. Wilkie [2003] Scot CS 309 Human Rights Act : Court held that a lawfully applied inhibition is not contrary to HRA requirements in respect of quiet enjoyment of property. Outer House Court of Session. T G Coutts, Q.C., Temporary Judge. 10th December 2003

Anns v Merton London Borough Council [1977] UKHL 4 Liability of local authorities for defects in dwellings constructed by builders in their area. Lords Wilberforce; Diplock; Simon ; Salmon; Russell. (subsequently overturned by Murphy v Brentwood [1990]). 12th May 1977.

APC v Amey Construction Ltd [2004] ScotCS 182 Internpretation of contract terms : M6 Motorway refurbishment concession – terms of sub-contract – if any – and remuneration terms. Lord Mackay of Drumadoon. Outer House Court of Session.23rd July 2004

Aqua Design v Kier [2002] EWCA 797 : Lawtel AC0102137 Developer insolvency exception to the bar on pay when paid clauses by the HGCRA. LJ Gibson, Parker & Dyson 14th May 2002.

Autolink Concessionaires (M6) Plc v Amey Construction Ltd & Ors [2007] ScotCS CSOH_81 Motorway construction contract followed by a 30 year maintenance agreement. Dispute over contractual definition of defect. Held : In the absence of cross referencing the construction contract must be construed on its own terms : definition required perfection. Defects not limited to fault. Contractor had to repair at his own cost. Outer House, Court of Session. Lord Clarke. 4th May 2007.

Baker & Davies Plc v Leslie Wilks Associates (a firm) [2005] EWHC 1179 (TCC) Contribution sought from architects/designers. Havery J: 30th June 2005.

Ballast Wiltshier Plc (formerly Nedham) v. Thomas Barnes [1998] EWHC TCC 306 Retention Monies : Interpretation of contract. HHJ Bowsher. 29th July 1998.

Barclays Bank Plc v Fairclough Building Ltd [1994] EWCA Civ 3 Contributory liability, if any for its own losses suffered where a sub-contractor negligently fails to perform its duties safely (damaging property during cleaning operations causing asbestos pollution), where the mode of operations has been sanctioned by the employer. Held : No liability under the Law Reform (Contributory Negligence) Act 1945 : CA. Nourse LJ; Beldam LJ; Simon Brown LJ. 6th May 1994.

Bath and North East Somerset District Council v Mowlem Plc [2004] EWCA Civ 115 LADs & Breach of Contract : Bath DC sought an injunctiont to prevent a breach of contract : Mowlem asserted right to continue breach on the basis that agreed LADs would provide Bath with adequate compensation. Court disagreed : LAD are not intended to validate a breach of contract. CA. Brooke LJ; Mance LJ; Parke LJ. 20th February 2004

Baxall Securities Ltd & Norbain SDC Ltd v. Sheard Walshaw Partnership [2000] EWHC TCC 53 Liability of architect in tort. HHJ Bowsher QC. 30th October 2000

Baxall Securities Ltd. v Sheard Walshaw Partnership [2002] EWCA Civ 9 Liability of architect in tort. Brooke LJ; Hale LJ; Mr Justice Steel, 22nd January 2002

Bella Casa Ltd v Vinestone Ltd [2005] EWHC 2807 (TCC) Loss of Use : Claim for damages for loss of use of premises due to need for remedial work limited to natural claiments : corporate personalities precluded. HHJ Peter Coulson QC: 9th December 2005

Bellefield Computer Services Ltd v E Turner & Sons Ltd [2000] EWHC Admin 284 Liability in tort of builder to a subsequent owner for negligent construction which damages the property being developed and adjoining property. CA on appeal from QBD (Mr Justice Bell) before Schiemann LJ; Tuckey LJ; Mr Justice Wall. 28th January 2000

Beoco Ltd. v Alfa Laval Co Ltd. & Anor [1993] EWCA Civ 22 Collateral warranty : Sub-contractor - supplier : Heat exchanger failed - repairs carried out by sub-contractor. Employer restarted production before testing carried out. Plant failed. Held : Premary responsibility for failure lay with the employer. Employer nonetheless entitled to recover repair costs and economic costs of production lost up to the time of the explosion but not thereafter. Costs of the main action to follow the event. Balcombe LJ; Stuart-Smith LJ; Peter Gibson LJ. 21st December 1993.

Bernhard's Rugby Landscapes Ltd v. Stockley Park Consortium Ltd [1997] EWHC TCC 374 Global Claims : Landscaping contract. Lloyd HHJ Humphrey. 7th February 1997.

Birse Construction Ltd v McCormick (UK) Ltd [2005] EWCA Civ 940 Failed Appeal : Establishing cause of action in a claim for breach of contract and Statutory Limitation. Clarke LJ; Carnwath LJ; Mr Justice Patten. 26th July 2005.

Birse Construction Ltd. v McCormick (U.K.) Ltd [2004] EWHC 3053 Establishing cause of action in a claim for breach of contract and Statutory Limitation. HHJ Peter Coulson. TCC. 9th December 2004

Birse v ETC [2004] EWHC 2512 Claim for alleged defects : Award of ?2 nominal damages - the price of an empirical victory. His Honour Judge Humphrey Lloyd QC TCC. 5th November 2004

Blair & Patterson Ltd v McDermott [2006] ScotSC 43 () Design Liability : Claim for payment - counterclaim for defects - cost of demolition and rebuild : Contractor\'s defence - all problems due to architects design : Whether architect should be a co-defendant : Held : No : Defence denied liability : Trial to proceed. If contractor successful - it would then be for the employer to proceed independently against the architect. Sheriff Principal Edward F Bowen QC.
1st May 2006

Bodill & Sons (Contractors) Ltd v Mattu [2007] EWHC 2950 (TCC) Retentions funds : Building Contract, Private Edition, with Contractor\'s Design Portion Supplement, 1998 edition Clause 30.5.1 :- The employer\'s interest in the retention is fiduciary as trustee for the contractor and for any nominated subcontractor (but without obligation to invest). Employer here sought to ensure an account was set up and funded. Mr Justice Akenhead. 30th November 2007.

Bolton v Mahadeva [1972] EWCA Civ 5 Lump sum contract : Substantial performance : Contractor agreed to install a central heating system. It was so defective that repair costs amounted to a quarter of the value of the contract. CA held overrulling the court of 1st instance that there was no substantial performance and the contract price was not therefore due. Sachs LJ; Buckley LJ; Cairns LJ. 13th April 1972.

Bouygues UK Ltd v. Dahl-Jenson UK Ltd [1999] EWHC Technology 182 Retention monies : Adjudication : HHJ Dyson. 17th December 1999

Brian Warwicker Partnership v Hok International Ltd [2005] EWCA Civ 962 Failed appeal against Mr Recorder Blunt's order of contribution by Architect for the damages due to property developers for defective design and build. The V.C.; Arden LJ; Keene LJ. 27th July 2005.

British Crane Hire v Ipswich Plant Hire [1973] EWCA Civ 6 Responsibility for loss to plant falls, by virtue of standard plant hire terms and conditions, on the hiror. Heavy crane sank into the mud. Cost of recovery lay with the hiror. Lord Denning MR; Megaw LJ; Sir Eric Sachs. 13th November 1973.

British Steel Corp v Cleveland Bridge & Engineering Co Ltd. [1984] 1 All.E.R. 504 Where construction work is carried out on the understanding that it will be paid for but no contract is concluded, the contractor is entitled to be remunerated on a quantum meruit basis. Robert Goff, J. QBD. 21st December 1981

Cambridge Water Co Ltd v Eastern Counties Leather plc [1993] UKHL 12 Liability for occupier of land for pollution of the underground water table - torts of nuisance and Rylands v Fletcher. Lords Templeman : Goff ; Jauncey ; Lowry : Woolf. 9th December 1993.

Cameron v Mowlem (1989) 52 BLR 25 : 25 Con.L.R. 11 Court restricted the jurisdiction of the adjudicator to a very narrow sphere of activity – namely set-off and destination of the sums awarded. Court refused to enforce adjudicator’s decision regarding the total sum due under the contract. This power court not be inferred – it had to be expressly stated. Arbitration required. Dom/1 Form of contract. Compare however the approach of the courts to the jurisdiction of an adjudication in relation to the scope of the dispute as described by the notice and referral documents. Jurisdiction will extend to those matters inextricably linked to and necessary to decide in order to decide the matter and see Drake & Scull v McLaughlin & Harvey [1993]. Neill LJ, Balcombe LJ; Mann LJJ. 20th November 1989

Catlin Estates Ltd v Carter Jonas (a firm) [2005] EWHC 2315 (TCC) Third Party Rights : Right to recover on behalf of another : Shareholder rights : Defective Premises : Meaning of dwelling : Linden Gardens v Linesta Sludge revisited. HJH John Toulmin CMG QC. 31st October 2005.

Chandler v Welland (t/a IJ Welland Building Contractor) [1996] EWCA Civ 1115 Payment problems arose in respect of a domestic contract when the employers encountered marital problems. The Builder obtained a C.C.J and entered a charge on the property. 4 years later the wife paid the sums due in order to release the charge then attempted to pursue a counterclaim for defects which was dismissed by the judge – the settlement ended all claims. CA on unsuccessful appeal from QBD. (Mr. Justice Popplewell). Hirst LJ; Judge LJ. 5th December, 1996

Charles David Jackson v Laurieston Homes (Howood) Ltd [2005] CSOH 7 Non-payment of construction contract sums : Arrestment as security under Scottish Law. Opinion of Lord Eassie. 14th January 2005.

CJ Sims Ltd v Shaftesbury 60 BLR 94 Letter of intent : Contract provided - P will be reimbursed their reasonable costs , all of which must be substantiated in full to the reasonable satisfaction of D\'s quantity surveyor - in the absence of such proof payment not recoverable. QBD. H.H. Judge Newey Q.C. 15th February 1991

Clark Smith Partnership Ltd v Leyton Football Club [2005] EWHC 3102 (TCC) AEC Payment provisions : Whether notice pre-requisite to payment for variation. Deputy Judge : Colin Reese QC : TCC. 14th December 2005

Construction Partnership UK Ltd v Leek Developments Ltd [2006] EWHC B8 (TCC) Summary judgment : Non-payment on interim certificates : No withholding notices : Set off - LADS - no valid notice of termination. Validity of notice of termination by contractor : Fax recieved - even if not read or acted upon - valid notice. HHJ Gilliland QC. Salford District Registry TCC. 26th April 2006

CRS v Taylor Young Partnership [2000] EWCA Civ 207 Liability for Fire : Subcontractor not liable for fire under JCT form of contract ? prevented consultants from claiming a contribution from the Sub contractor. Peter Gibson LJ; Brooke LJ; Robert Walker LJ. CA. 4th July 2000

CRS v Taylor Young Partnership [2002] UKHL 17 Liability for Fire : Subcontractor not liable for fire under JCT form of contract ? prevented consultants from claiming a contribution from the Sub-contract. Appeal Failed. HL. Lords Bingham; Mackay; Steyn; Hope; Rodger. 25th April 2002

Cruden Construction Ltd v Commission for the New Towns [1994] ABC.L.R. 12/21 Declaration granted that a dispute had not yet crystallised - arbitration invalid. Whilst a demand had been made which had not been satisfied, insufficient detail of the complaint had been provided for the other party to be able to make any decision as to whether or not to pay. Referred to as an authority in a number of the construction adjudication cases canvassing the issue of what is a dispute. Official referee. Gilliland QC. 21st December 1994

D & C Builders Ltd v Rees [1965] EWCA Civ 3 Part payment of contract price - entitlement to recover balance - consideration - equitable estoppel. Lord Denning MR. Danckwerts LJ; Winn LJ. 12th November 1965

D & F Estates v Church Commissioners for England [1988] UKHL 4 Liability of main contractor for negligence of sub-contractors - scope of MCs duty of care. Lords Bridge; Templeman; Ackner; Oliver; Jauncey. 14th July 1988.

Darlington Borough Council v Wiltshier Northern Ltd [1994] EWCA Civ 6 Damages post assignment : third party rights : exceptions. Dillon LJ, Steyn LJ, Waite LJ. 28th June 1994.

Dew Pitchmastic Plc v. Birse Construction Ltd [2000] EWCH 169 Out of time expert report : Application to court to serve expert report out of time refused. TCC. HHJ Humphrey Lloyd. 2nd February 2000.

Diamond Build Ltd v Clapham Park Homes Ltd [2008] EWHC 1439 (TCC) Letters of intent : Formal signing of contract required to create a contract on JCT terms. Mr Justice Akenhead. 25th June 2008.

Dinkha Latchin v General Mediterranean Holdings [2003] EWCA Civ 1786 Oral design contract : Architect able to recover fees on a quantum meruit basis even though no written contract or instructions. CA. Brooke LJ; Sedley LJ; Jacob LJ; 16th December 2003

Dinkha Latchin v General Mediterranean Holdings [2004] EWCA Civ 52 Oral design contract : Architect able to recover fees on a quantum meruit basis even though no written contract or instructions. Brooke LJ; Sedley LJ; Jacob LJ; 6th February 2004

Drake and Scull Engineering Ltd v McLaughlin and Harvey plc (1993) 60 BLR 102 Set off dispute. Adjudication pursuant to Cl 23 Dom/1 – adjudicator ordered payment into a trustee stakeholder a/c pending outcome of arbitration. Court granted a mandatory injunction enforcing adjudicator’s decision.
Bowsher HHJ.

Duncan Harris v Robert Foubister [2006] SC2705 Payment claim : DIY defence alleged claimant walked off site and defendant had to carry out remedial work. Defendant did not lead proof as to breach of contract or damages. Held : Original order to pay endorsed. Sheriff Principal Sir Stephen S T Young Bt QC. Sheriffdom of Grampian Highland & Islands at Banff. 14th July 2006.

E & J Glasgow Ltd v. UGC Estates Ltd [2005] ScotCS CSOH_63 When can terms be implied into a construction contract? In the circumstances, assertions of lack of information leading to variations and delay failed. Opinion of Lord Eassie. 16 May 2005

Earls Terrace Properties Ltd v Nilsson Design Ltd [2004] EWHC 136 Assessment of damages : Architect questioned applicable interest rate on award and set off a rise in property value, occurring because of delay taken into account. QBD TCC Before: His Honour Judge Thornton Q.C. 20th February 2004

Elvin Building Services v Peter Noble [2003] EWHC 837 (TCC) : Lawtel AC0104986 Non-payment : Right to suspend works - suspension not a breach of contract. Contractor entitled to payment for value of works done immediately prior to suspension. TCC. Recorder Akenhead. 3rd April 2003.

Emcor Drake & Scull Ltd v Sir Robert McAlpine Ltd [2004] EWCA Civ 1733 Letters of Intent : McAlpine unsuccessfully appealed against a ruling that a letter of intent accompanying a sub-contract for limited M&E works created an obligation to carry out all the works. Payment for subsequent works held payable as a quantum meruit. Costs incurred procuring an alternative contractor refused. CA. Peter Gibson LJ; Clarke LJ; Keene LJ. 21st December 2004

Emcor Drake v Robert McAlpine [2004] EWHC 1017 Interpretation of scope of contract. HHJ Richard Havery. TCC. 7th May 2004

Farley v. Skinner [2001] UKHL 49 Surveyor’s duty : liability : quantum : Surveyor failed to report on the extent to which property was affected by air traffic. The issue was specifically part of his remit. The owner ultimately decided to retain the property. Economic loss was not therefore an issue. Merely how much should be awarded for loss of amenity and enjoyment of property. Lord Steyn; Lord Browne-Wilkinson; Lord Clyde; Lord Hutton; Lord Scott of Foscote : 11th October 2001

GD Construction (St Albans) Ltd. v Scottish & Newcastle Plc [2003] EWCA Civ 16 Liability for fire - loss/ Employer under an IFC 84 contract failed to insure for fire as required by the contract. Employer sought to recover fire loss from the contractor. CA on successful appeal from TCC HHJ Seymour QC held that the contractor was exempt from liability – since this was an issue the contract required to be covered by joint insurance. Ward LJ; Longmore LJ; Mr Justice Aikens. 22nd January 2003

George Fischer Holding Ltd v Multi Design Consultants Ltd 61 ConLR 85 Designers warranted performance by the main contractor in respect of a warehouse development under a collateral contract. HHJ John Hicks QC. QBD. Official Referees Business. 10th February 1998

Glasgow Airport Ltd v Messrs Kirkman & Bradford [2007] ScotCS CSIH_47 Damages recoverable under a collateral warranty not restricted in scope under terms of contract and not adversely affected by assignment and extend to consequential losses suffered by the pursuers as a direct result of the defenders\' breach. Extra Div Inner House Court of Session. Lord Kingarth; Lord Eassie; Lord Wheatley. 6th June 2007

Glasgow Airport Ltd v Messrs Kirkman & Bradford [2007] ScotCS CSOH_52 (08 March 2007) Damages recoverable under a collateral warranty : costs & consequential losses suffered by the pursuers as a direct result of the defenders breach. Lord Clarke : Outer House Court of Session. 8th March 2007

Great Eastern Hotel Company Ltd v John Laing Construction Ltd [2005] EWHC 181 Examination of performance of a construction management contract. HHJ David Wilcox. TCC. 24th February 2005

Haden Young Ltd v Laing O\'Rourke Midlands Ltd [2008] EWHC 1016 (TCC) Letter of Intent : M&E services : Nature of relationship and legal responsibilities. Mr Justice Ramsey. 8th May 2008

Hadley Design Assoc. Ltd. v City of Westminster [2003] EWHC 1617 (TCC) Termination Provisions : Dispute as to which terms of a contract prevailed, where contract had been amended on a number of occasions : Had the claimant been paid design fees and was the contract lawfully terminated? Yes to both. HHJ Richard Seymour. TCC. 9th July 2003

Hall & Tawse South Ltd v. Ivory Gate Ltd [1997] EWHC TCC 358 Reasonable sums due and quantum meruit distinguished : where a contract is in a very brief form and does not specify sum due, costings to be determined on the evidence. Thornton J. 21st November 1997

Harmon CFEM Facades (UK) Ltd v. House of Commons [1999] EWHC TCC 199 Public Procurment : Issue : Whether the EEC regulations on competition in public procurement had been complied with. HHJ Humphrey Lloyd. 28th October 1999.

Harmon CFEM Facades (UK) Ltd v. House of Commons [2000] EWHC TCC 84 Damages – breach of competition rulesQuantification of damages for lost opportunity – in respect of breach of EEC public procurement regulations. HHJ Humphrey Lloyd. 29th June 2000.

Hayes (t/a Orchard Construction) v Gallant [2008] EWHC 2726 (TCC) Termination of oral construction contract due to non payment of payment applications. HHJ Toulmin. 10th November 2008.

Hellmuth, Obata v Geoffrey King [2000] EWHC TCC 64 Subject to contract : Letters of Intent : If Contracts : Liability of sponsors of a proposed company for work done by claimants.Colin Reese Q.C. TCC. 29th September, 2000

Henry Boot Construction Ltd. v Alstom Combined Cycles Ltd. [2005] EWCA Civ 814 When does an action for payment accrue and time start to run for the purposes of limitation - when work is done or on certification? Held : On certification or when the certificate should have been issued. This applies individually to interim payments and to the final account. Dyson LJ; Thomas LJ. 16th June 2005.

Hescorp Italia SpA v. Morrison Construction Ltd, Impregilo UK Ltd [2000] EWHC TCC 123 Letter of Intent : Application for summary judgement refused. No contract – valuation due as quantum meruit – requires a trial to determine sums due. His Honour Judge Hicks QC : TCC : 17th March 2000

Howard Marine and Dredging Co. Ltd v A. Ogden & Sons (Excavations) Ltd. [1977] EWCA Civ 3 Whether or not there was a collateral contract regarding capacity of vessels for dumping spoil at sea : whether breached : and quantum of damages for breach.Denning MR; Bridge LJ; Shaw LJ. 13th December 1977

J & A Developments Ltd v Edina Manufacturing Ltd [2006] NIQB 85 Tender process : a failure to award tender to lower bidder held to be a breach of contract : damages awarded for cost of bid and lost profit.Sir Liam McCollum. 11th December 2006.

JDM Accord Ltd. v S.S. Environment, Food & Rural Affairs [2004] EWHC 2 (TCC) Definition of construction operations : application of HGCRA because payment provisions did not comply with statutory requirements. TCC. His Honour Judge Thornton Q.C. 16th January 2004

JFS (UK) Ltd, Tilghman Wheelabrator Ltd v. DWR Cymru Cyf [1998] EWHC TCC 336 Leave to amend : Section 35(3) of the Limitation Act 1980. \"... neither the High Court nor any county court... shall allow a new claim ... other than an original set-off or counterclaim, to be made in the course of any action ... \" Leave granted. Thornton Q.C. TCC. 3rd March 1998

John Doyle Construction Ltd V Laing Management (Scotland) Ltd [2004] A806/01 Global claims are viable but the claimant must disect each separate element and prove his case. Appeal Failed. Extra Division Inner House Court of Session. Lord MacLean; Lord Johnston; Lord Drummond Young. 11th June 2004.

John Doyle v Laing [2002] ScotCS 110 Global claims are viable but the claimant must disect each separate element and prove his case. Outer House, Court of Session. Lord MacFadyen. 18th April, 2002

Joplins Ltd v L J Couves & Partners [1998] Lawtel AC7100016 Allocation of liability for bad design and boad workmanship - RIBA Architect\'s Appointment provisions and the JCT Standard Form without the Contractor\'s Design Portion Supplement. Judge Newman J. 7th April 1998.

Junior Books Ltd v Veitchi Co Ltd [1982] UKHL 4 Liability of specialist sub-contractor for economic loss to a factory for the negligent laying of the factory floor - where the factory owner relied upon the skill of the floor layers. Lords Fraser; Russell ; Keith; Roskill; Brandon. 15th July 1982

Liberty Mercian Ltd v Dean & Dyball Construction Ltd [2008] EWHC 2617 (TCC) Penalty clauses and LADs. Mr Justice Coulson. 31st October 2008.

Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd [1993] UKHL 4 Employer assignment of benefit of construction contract - whether effective and whether original employer can recover on behalf of subsequent owner. Prohibition against assignment of benefit and burden under a construction contract. Joint action with St. Martin\\\'s Property Corp Ltd v Sir Robert McAlpine & Sons Ltd. Lord Keith of Kinkel; Lord Bridge of Harwich; Lord Griffiths; Lord Ackner; Lord Browne-Wilkinson. 22nd July 1993.

Lloyd & MGL (Rugby) Ltd v Sutcliffe [2007] EWCA Civ 153 Joint venture agreement to develop a site : Break down of relationship before construction took place but after planning permission secured. Quantum meruit not applicable : Accounting of profits due by virtue of proprietary estoppel. Inequitable to deprive the respondent of his share of profit in the venture. Maurice Kay LJ; Wilson LJ; Sir Peter Gibson. 28th February 2007

Lomax Leisure Ltd. v Fabric London Ltd. [2003] EWHC 307 (Ch) Termination of a construction contract, on grounds of insolvency / liquidation is lawful under terms of construction contract. Mr Justice Peter Smith. Chancery Div. 26th February 2003.

London & Regional (St George\'s Court) Ltd v Ministry of Defence [2008] EWCA Civ 1212 Unsuccessful appeal against determination that Tenant\'s Variations recoverable under three conjoined contracts. Certification under one contract could not be intended to be final and binding for other relationships. Arguament that there was NO LOSS rejected. Lord Justice Waller; Lord Justice Richards; Lord Justice Hughes. 6th November 2008

London & Regional (St George\'s Court) Ltd v MOD & S.S. for Defence [2008] EWHC 526 (TCC) Contract administrators certificated & relevance to Tenants re tenant variations to a contract beteen Landlord qua employer & contractor. Held : Certificates not final and binding re-allocation of financial responsibility between landlord & tenant. Tenant liable for its requested variations - even if tenant not specified as payee in certificates. Mr Justice Coulson. 18th March 2008

London Borough of Barking & Deagenham v Terrapin Construction Ltd [2000] EWCA Civ 247 Final Certificates :Pre-1998 JCT Clause 30.8.11 Design & Build : Led to amendments to later contracts : See also Mowlem. Otton LJ, Buxton LJ, Hooper LJ. 31st July 2000.

Mabey & Johnson Ltd v Ecclesiastical Insurance office plc [2003] EWHC 1523 Jurisdiction ? separate cases : Failures in a bridge prompted revisiting and rectifying design in another : Held Separate contracts so separate causes of action and limitation times. HHJ Morison. 27th June 2003.

Machenair Ltd v Gill & Wilkinson Ltd [2005] EWHC 445 Dispute on Final Account : Role of the TCC in Construction Cases.Mr Justice Jackson. 14th March 2005

McIntosh Ltd v Balfour Beatty Group Ltd [2006] ScotCS CSOH_197 Challenge to Final Certificate - Management contract - third party rights. Lord Drummond Young. Outer House Court of Session. 21st December 2006

Medtia v Hamid [2004] EWCA Civ 691 Scott Schedule ignored by judge and global award made. CA set aside the decision. Pill LJ; Sir William Aldous. 21st May 2004.

Mellowes Archital Ltd v. Bell Projects Ltd [1997] EWCA Civ 2491 Set off under DOM/1. Butler-Sloss LJ; Hobhouse LJ; Buxton LJ.15th October 1997.

Melville Dundas v Wimpey [2004] cla 1810 Payment provisions under HGCRA did not prevent a clause providing that upon recievership sums due would be governed by clause 27, even though this overrode sums which would otherwise have been due and payable. Outer House Court of Session Lord Clarke. 24th October 2004.

Midland Land Reclamation Ltd, Leicestershire CC v. Warren Energy Ltd [1997] EWHC TCC 375 Payment claim : validity of assignment - whether or not set off allowed. Bowsher J. 20th January 1997.

Midland Veneers Ltd v Unilock HCP Ltd [1998] EWCA Civ 448 Letters of Intent : Whether or not a contract brokered and if so on what terms. Judge found there was no contract. This was a finding of fact not law and thus not amenable to appeal. Evans LJ; Peter Gibson LJ; Thorpe LJ; 12th March 1998.

Mirant-Asia Pacific v OAPIL [2004] EWHC 1750 Letters of Intent : Contract formation : Negligent design of foundations of powerstation. HHJ Toulmin. 21st July 2004

Mirimskaya v Evans [2007] EWHC B11 (TCC) Construction Contract - existence - oral : Court rejected the proposiation that oral contracts are not binding. Legal personality : Contract was with a company and not with one of its directors. Fernyhough Q.C. 5th September 2007

Monk Construction v Norwich Union Life Insurance Society [1994] : 62 BLR 107 Letters of Intent and - IF CLAUSES - viz if no contract concluded on tterms of letter of intent - main contract terms to apply. Purported assignment of a contract that had never come into existence. CA.

Morgan Est (Scotland) Ltd v Hanson Concrete Products Ltd [2004] EWHC 1778 (TCC) Statement of claim : Amendment : Legal personality : Assigned contract. Morgan sued in their own name without pleading the assignment of the contract. Application for amendment of statement of claim. Application refused : amounted to pleading a new case. Attempt to plead assignments. HHJ Richard Havery Q.C. : TCC. 22nd July 2004.

Mowlem v Stena [2004] EWHC 2206 Letters of Intent revisited. HHJ Richard Seymour. 6th October 2004

Murphy (J) & Sons Ltd v. ABB Daimler-Benz Transportation (Signal) Ltd [1998] EWHC TCC 278 Letters of comfort / intent : whether a contract existed : whether party estopped from denying a contract.: His Honour Judge Hicks QC. TCC. 2nd December 1998

Murphy v Brentwood District Council [1991] UKHL 2 Liability of Local Authorities for negligently approving construction works. Overturns Anns v Merton LBC - discusses pure economic loss and policy issues. Lords Mackay (LC) ; Keith; Bridge; Brandon ; Ackner; Oliver ; Jauncey. 26th July 1990.

Northern Regional Health Authority v Derek Crouch Construction Co Ltd [1984] 1 Q.B. 644 Arbitration clause gave the arbitrator the power to \"open up review and revise any certificate\" of the architect. Held : this special power was confined to the arbitrator, on whom it had been conferred : It could not be exercised by the courts. Application to stay arbitration refused since arbitration was the only way to challenge an architect\'s certificates. But see now Beaufort Developments Ltd v Gilbert-Ash [1998] which overturned Crouch and see HGCRA which specifically gives an adjudicator the power to open up and revise certificates.Donaldson M.R. Dunn LJ, Browne-Wilkinson LJ.17th February 1984

Oxford University Fixed Assets Ltd v. Architects Design Partnership [1999] EWHC TCC 271 Architect issued final certificate. Employer sued architect asserting outstanding defects : whether contractor has any liability to employer or as co-defender to make a contribution to any damages awarded against architect. HHJ Humphrey Lloyd. 13th January 1999

PC Harrington Contractors Ltd v Co Partnership Developments Ltd [1998] EWCA Civ 605 Release of Retention : Set off. Stuart-Smith LJ.Morritt LJ; Walker LJ Robert.2nd April 1998.

PC Partitions v Canary Wharf [2004] EWHC 1766 Sub-contractor in dispute with main contractor struck a deal with the developer. Interpretation of and impact of that agreement. HHJ Richard Seymour. 28th July 2004

Peacocks Ltd v Chapman Taylor [2004] EWHC 2898 (TCC) Lawtel AC0108593 Time bars & Effective Service : Defendant asserted claim sent to wrong address and eventually served outside the statutory limitation period. In the circumstances court held, exercising its discretion, that there had been effective service within time. Similar issues regarding effective service could apply to adjudication and arbitration - and similarly in respect of limitation periods.QBD (TCC). HHJ Thornton QC. 5th November 2004

Peakwell Managment Ltd v Globalsantafe Drilling UK Ltd [2006] S.Ct A2661/05 Withholding notice : effect : Plant Hire / drilling rig : Non-construction case. The issue of a withholding notice under the terms of the contract resulted in a dispute crystallising : consequently, in the absence of resolution of the dispute no sums became due - so no action for summary enforcement of sums allegedly due under an interim payment scheme could lie. Sheriff Principal Sir Stephen S T Young Bt QC. 7th February 2006

Pearce v. Ove Arup Partnership Ltd [2001] EWHC Ch 455 Architect : Intellectual Property : who owned the copyright in an architectural design - had a leading architect stolen the design from someone else ? Held : No in the circumstances. Mr Justice Jacaob. Chancery Div. 2nd November 2001

Pearson Education Ltd v The Charter Partnership Ltd [2005] EWHC 2021 (TCC) Liability of architect in tort. HHJ Thornton. 10th October 2005.

Percy (G) Trentham Ltd v Archital Luxfer Ltd 1993] 1 Lloyd\'s Rep. 25 The court had to decide whether or not a construction contract had been concluded. The court concluded that a contract had been concluded, either as confirmed by a series of communications or at the very least on the basis of Brogden v Metropolitan Railway (1877) 2 A.C. 666 implied contract by performance. See however cases on what is a “written contract” for the purposes of adjudication and arbitration. Neill LJ, Gibson LJ, Steyn LJ
20th July 1992.

Phillip Small v Andrew Martin [2005] EWHC 2969 (TCC) Self Help : Domestic Works : Non-payment for construction works : cross claim for damages : Self help amounting to criminal harrassment. Adjudication, mediation or litigation would have been preferable. Contractor\'s poor timesheets and evidence. HHJ John Toulmin CMG QC : TCC. 21st December 2005.

Pitchmastic v Birse No1 [2000] 19981 TCC 159Q Retension DOM /2 : Release of retentions and set off : Making good certificates. TCC. Dyson J; 19th May 2000.

Pitchmastic v Birse No2 [2000] 19981 TCC 159Q Calderbank offers DOM/2 : Application on without prejudice offers and Calderbank payments in. Mr Justice Dyson. TCC. 19th May 2000

Plant Construction plc v Clive Adam Associates 55 ConLR 41 Duty of care if any owed by employer to subcontractors, when a roof collapsed at the works - where liability was admitted by the main contractor. Humphrey Llodd. QC. QBD Official Referees Business. 31st JULY 1997

Pride Valley Foods Ltd v. Hall & Partners [2000] EWHC TCC 106 Contract-Project Management-Role of Quantity Surveyor acting as Project Manager-Duty to warn clients of fire hazards-Causation-Contributory Negligence-Test whether defendants are Partnership or Limited Company-role of experts in relation to evidence of Project Management : Court found that even if the advice had been given it would not have been acted upon – so causation not established. HHJ John Toulmin CMG QC TCC. 4th May 2000

Quarmby Electrical Ltd. v Trant (t/a Trant Construction ) [2005] EWHC 608 (TCC) Novation : Sub-contractor secured 4 contracts : Went into liquidation and on same day contracts novated. Work carried out. Payment refused on grounds of no contract. Held Novation : Valid contracts. Mr Justice Jackson. TCC. 17th March 2005.

Rackline Ltd v National Library Of Wales [1999] EWCA Civ 1192 Consolidation of tenders; Rackline made three tenders and asserted that if accepted they would constitute one contract. Court held : Library accepted contract No3 alone. Roch LJ; Tuckey LJ; Otton LJ. 16th April 1999.

Reinwood Ltd v L Brown & Sons Ltd [2007] EWCA Civ 601 LADS : Progress Payments : Notice of determination for non payment. Where a notice of non-completion giving rise to LADs is overtaken by an extension of time the right to deduct continues - albeit with a duty to repay excess deductions within a reasonable time. A payment with deducted LADS is a valid payment - so a notice of termination for non-payment is not valid. Mummery LJ; Arden LJ; Dyson LJ. 21st June 2007

Reinwood Ltd v L Brown & Sons Ltd [2008] EWCA Civ 1090 Issue : whether the contractor under a particular building contract was entitled to determine the contract by notice to the employer and walk away from the project or whether, as the employer contends, it thereby repudiated the contract and is accordingly liable in damages. Hooper LJ; Lloyd LJ; Richards LJ. 17th October 2008

Reinwood Ltd v L Brown & Sons Ltd [2008] UKHL 12 Unsuccessful appeal from CA. Lords Hope; Scott; Walker; Brown; Neuberger. 20th February 2008.

Rhodia Chirex Ltd v Laker Vent Eng. Ltd [2003] EWCA Civ 1859 Retention : Expert Determinator : Role of the Expert Determinator under the I.Chem E Contract. CA on appeal from the TCC, Liverpool District Registry, HHJ Mackay before Auld LJ, Hale LJ, Dyson LJ : 18th December 2003

RJBL Design Ltd v Hill Commercial Developments Ltd [(2005] Ch.Div. LAWTEL AC9100767 Insolvency : Petition to stop publication. Recorder held debt not denied and refused petition. Held : There was a dispute as to whether the architect was contracted to the petitioner for winding up. This issue was not addressed. Decision set aside. Mann J. Ch D 22nd June 2005.

Royal Brompton Hospital National Health Trust v. Frederick Alexander Hammon [1999] EWHC TCC 272 Measure of damages. Sums paid in settlement on compromise of disputed claim by a non-party. Whether Biggin v Permanite principle applicable if liability as well as quantum compromised. HHJ John Hicks QC. 8th January 1999.

Ruttle Plant Hire Ltd v S.S. for Environment, Food & Rural Affairs [2004] EWHC 2152 (TCC) Construction Contract : Meaning of : Farm infrastruction covered by Act : Accordingly HGCRA payment provisions applied. In the circumstances - all issues of payment for construction work settled. Other issues distinct and not subject to the HGCRA. Separate part of contract - so easy to distinguish. HHJ Thornton. TCC. 29th September 2004.

Ruxley Electronics & Construction Ltd v Forsyth [1995] UKHL 8 Damages for breach of contract : Assessment based on economic loss - not on cost of restatement unless it goes to the heart of the commercial purpose of the contract. Lord Keith of Kinkel; Lord Bridge of Harwich; Lord Jauncey of Tullichettle; Lord Mustill; Lord Lloyd of Berwick : 29th June 1995

RWE-Industrie-Loesungen GmbH v Thyssen Schachtbau GmbH [2006] EWHC 2111 (TCC) Application for summary judgment for over payment rejected : defendant had an arguable defence. Mr. Justice Jackson: 28th July 2006

S & W Process Engineering Ltd v Cauldron Foods Ltd [2005] EWHC 153 Formation of a contract - oral and written terms. HHJ Peter Coulson. 28th January 2005

Safeway Stores Ltd v Interserve Project Services Ltd [2005] EWHC 3085 (TCC) Warranties : Sub-contractor - developer warranty limited in value to extent of liability of main contractor to sub-contractor. Since negative balance - no liability under warranty to the developer. Mr Justice Ramsay. 1st December 2005.

Sahib Foods Ltd v Paskin Kyriakides Sands [2003] EWCA Civ 1832 Architects liability for fire : Whilst a fire was cased by the contractor?s negligence, it was the poor design by the architect which led to it spreading further. CA. Ward LJ; Potter LJ; Clarke LJ. 19th December 2003

Sahib Foods Ltd v Paskin Kyriakides Sands [2003] EWHC 142 TCC Architects liability for fire : Whilst a fire was cased by the contractor?s negligence, it was the poor design by the architect which led to it spreading further. TCC. HHJ Bowsher. 3rd March 2003

Scheldebouw BV v St. James Homes (Grosvenor Dock) Ltd [2006] EWHC 89 (TCC) Bias : Due Process : Can an employer appoint itself as Construction Manager / Contract Administrator / certifier ? Held : No - whilst an employee can be given that role - the employer himself cannot fulfil that role - there must be a degree of independence/professional separation. Semble - a party to a dispute or difference could not be an adjudicator/arbitrator in his own cause. Mr Justice Jackson. 16th January 2006.

Scottish & Newcastle v GD Construction [2003] EWCA Civ 16 Liability for Fire : Subcontractor not liable for fire under IFC Contract ? covered by joint insurance ? even if caused by negligence of subcontractor. CA. Ward LJ. Longmore LJ; Mr Justice Aitkens. 22nd January 2003

Shawton Engineering Ltd v DGP International Ltd (t/a Design Group Partnership) [2005] EWCA Civ 1359 Time at large. CA. May, LJ, Jacob LJ, Lloyd LJ. 18th November 2005

Six Continents Retail Ltd v Carford Catering Ltd [2003] EWCA Civ 1790 Liability for Fire : Restaurant fire ? installation of oven ? manufacturer recommended a steel plate ? owner advised but ignored ? CA held contractor still liable ? expertise. Sir Andrew Morritt; Buxton LJ; Laws LJ; 5th November 2003

Skanska v Egger [2004] EWCH 1748 Final judgement on quantum in respect of disposal of spoil. HHJ David Wilcox. 30th July 2004

Smith & Gordon Ltd v John Lewis Building Ltd (1993) LAWTEL AC0300166 Letter of Intent : Contract never concluded. In consequence the arbitration provision not operative. Claim to be pursued by litigation. CA. Dillon LJ, Mann LJ, Steyn LJ. 30th November 1993

Smith v Eric S Bush (A Firm) [1990] UKHL 1 Liability of a mortgage company valuer to the purchasor to exercise a duty of skill and care where purchasor relies on the information. Lords Keith; Brandon ; Templeman; Jauncey. 20th April 1989

Spartan Steel & Alloys Ltd. v Martin & Co (Contractors) Ltd. [1972] EWCA Civ 3 Liability of a contractor for interrupting electricty supply to a steel works limited to physical loss. Pure economic loss - viz lost production not covered by the tort of negligence. Lord Denning M.R. : Edmund-Davies LJ; Lawton LJ, 22nd June 1972.

Stephen Donald Architects v Christopher King [2003] EWHC 1867 Oral design contract : Architect unable to recover fees on a quantum meruit basis ? court held that as part of a failed joint venture he has to suffer his own losses. HHJ Richard Seymour. 30th July 2003

SWI Ltd v P & I Data Services Ltd [2007] EWCA Civ 663 Unit / fixed price contract : Where there is substantial performance - in the absence of express terms for a variation of the price - the full price becomes due. Waller LJ; Keene LJ; Dyson LJ. 4th JUly 2007

Sydenhams (Timber Engineering) Ltd. v CHG Holdings Ltd. [2007] EWHC 1129 (TCC) Privity : Whether employer contracted to pay sub-contractor where main contractor enters into liquidation. TCC. HHJ Coulson. 3rd May 2007

Tameside MBC v. Barlow Securities Group Securities Ltd [2001] EWCA Civ 1 Final certificate : Duty to issue : Where the parties compromised a final account accepting no further sums were due on either side. Henry LJ; Potter LJ; Mr Justice Wall. 15th January 2001.

Taylor Woodrow Holdings Ltd v Barnes & Elliott Ltd [2004] EWHC 3319 (TCC) Unsuccessful apeal against arbitrator's finding that in the circumstances a provision for LADs was inoperable. HHJ David Wilcox. 20th December 2004.

Tesco Stores Ltd. v Costain Construction Ltd [2003] EWHC 1487 TCC Liability for Fire : Oral Contract for work on supermarket : Implied term as the good workmanlike manner and fitness for purpose : Architect could rely on contractor. HHJ Seymour. 2nd July 2003.

TFW Printers Ltd v Interserve Project Services Ltd [2006] EWCA Civ 875 Insurance : Flood damage : Liability of contractor for & duty to insure against flood damage to stock etc post practical completion : Held : Whilst contractor liable for defects for 12 months - general insurance the responsibility of employer under JCT contract. Sedley LJ; Dyson LJ; Carnwath LJ. 27th June 2006

Twintec Ltd v GSE Building and Civil Engineering Ltd [2003] EWHC 605 (TCC) A right to retention will not be implied : there must be an express provision in a contract. An absence of a retention provision will not render a contract void for lack of essential terms. Kirkham. HHJ Frances. 24th March 2003.

VHE Construction Plc v. Alfred McAlpine Construction Ltd [1997] EWHC TCC 370 Whether or not there was a contract and whether payment due on terms of contract or quantum meruit. Existence of a contract : Novation : Letters of Intent : Yes : Blue Form. Terms determined by construction of agreement - not through conflicting evidence. HHJ Peter Bowsher. 14th April 1997.

Vranicki v Architects Registration Board [2007] EWHC 506 (Admin) Supervisory role of the architect - whether a finding of serious professional incompetence justified in the circumstances of the case viz failure to supervise between builder & specialist suppliers in relation to a complex roof design. Held : Finding justified. Mr Justice Collins. 16th March 2007

W.F. Price (Roofing) Ltd v. Primebuild Ltd [2007] ScotSC 73 Time Bar : Condition SBCC Domestic Sub-Contract conditions Dom/C/Scot 1997 edn (August 1998 revision) \"Where Sub-Contract Dom/A/Scot clause 1.2 applies, not later than 6 months after practical completion of the Sub-Contract Works the Sub‑Contractor shall send to the contractor all documents necessary for the purpose of computing the Ascertained Final Sub‑Contract sum.\" does not operate as a bar to financial claims by the sub-contractor for payment in terms of the contract in circumstances where the sub-contractor has not within six months after practical completion of the sub-contract works sent to the contractor documents necessary for the purpose of completing the ascertained final contract sum such as to include that financial claim.\" Sheriff Principal James A Taylor. 28th September 2007.

Wallace v. Brian Gale & Associates ( a firm) [1997] EWHC TCC 371 Tomlin Order - settlement of building dispute. Remedial work involved. Claimants then sought a declaration that the plaintiffs\' costs of and concerned with the implementation of the order are to be borne by the defendant. Order granted. : HHJ Humphrey Lloyd. 7th March 1997.

Yorkshire Water Services Ltd. v Taylor Woodrow Construction Northern Ltd [2005] EWCA Civ 894 Consideration of terms of IChemE Red Book 3rd Edition General Conditions of Contract. Appeal failed. May LJ; Parker LJ Jonathan; Gibson Sir Peter. 19th July 2005.

Yorkshire Water Services v Taylor Woodrow [2004] EWHC 1660 (TCC) Consideration of terms of IChemE Red Book 3rd Edition General Conditions of Contract. Mr Justice Forbes. 8th July 2004

Zurich Insurance Company v Gearcross Ltd [2007] EWHC 1318 (TCC) Reciprocal rights and duties of underwriter and assured under a builder\'s guarantee scheme. HHJ Peter Coulson. 25th May 2007.

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