A recent case of BDW Trading Limited v Ardmore Construction Limited , enforced an adjudicator’s decision that Ardmore had deliberately concealed missing cavity barriers from BDW and others when it constructed a 280+ apartments at Crown Heights in Basingstoke between 2004 and
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The case of J Murphy & Sons Ltd v W Maher and Sons Ltd [2016] EWHC 1148 (TCC), clarified the difference between dispute=s arising under the contract as differentiated with disputes in connection with the contract. It was previously thought that you
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The recent case of Complete Ceiling and Partitioning Systems Ltd v DE1 Ltd [2024] EWHC 2800 (TCC), concerns a parties obligation to disclose its financial position in adjudication enforcement. The background is that CCP had succeeded in an adjudication against DE1 for
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In the case of A&V Building Solutions Limited v J & B Hopkins Limited [2022] EWHC 1186 (TCC), AVB and JBH had entered into a contract which contained an accompanying payment schedule. This schedule stated that applications had to be submitted aon
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In the case of McLaughlin & Harvey Ltd v LJJ Ltd [2024] EWHC 1032 (TCC), the TCC issued guidance to adjudicators on their use of the ‘slip-rule’. An adjudicator awarded MHL £808k LJJ responded and argued that MHL had already deducted damages
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In the case of RHP Merchants v Treforest Property Company (TCC), RHP lost a first adjudication and was ordered to pay Treforest £260k. RHP started a second adjudication on its liability for defects and was successful and they were awarded £220k. At
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In the case of Bilton & Johnson (Building) Co Ltd v Three Rivers Property INvestments Ltd [2022] EWHC 53 (TCC), Three Rivers appointed Bilton for refurbishment works at an industrial estate. There was an original contract that was replaced by a JCT
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In the case of Bravejohn Company Ltd v Prosperity Moseley Street Ltd [2021] EWHC 3598 (TCC), Bravejohn had submitted six invoices for its design & construction work. Prosperity had issued payment and pay less notices in respect of three of these invoices.
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In the case of Sudlows Ltd v Global Switch Estates 1 Ltd [2022] EWHC 3319 (TCC), concerned the extent to which an adjudicator was bound by a previous adjudicator’s decision. In adjudication 5 Sudlows succeeded on its claim that the cables were
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In the case of Manor Co-living Ltd v RY Construction Ltd [2022] EWHC 2715 (TCC), RYC referred to adjudication a dispute as to whether MCL had correctly served a termination notice. In its referral RYC said that whether MCL had substantive grounds
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