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Category: Uncategorized

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Limitation Act and the right to adjudicate

December 6, 2024December 17, 2024Jon. E.Leave a comment

In the case of LJR Interiors Ltd v Cooper Construction Ltd [2023] EWHC 3339 (TCC), concerned the inter-relationship of a claim in adjudication and the Limitation Act. The background is that the parties entered into a simple contract for construction works in
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Definition of regularly & diligently

December 5, 2024December 17, 2024Jon. E.Leave a comment

The words ‘regularly & diligently’ sometimes relate to a contractor’s obligation to perform in a contract; but what do they actually mean? in GLC v Cleveland Bridge and Engineering [1984] 34 BLR 50, the Judge stated that what is meant is the
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Can you adjudicate twice on same breach of contract?

December 5, 2024December 17, 2024Jon. E.Leave a comment

In the recent case of Dawnvale Cafe Components Ltd v Hylgar Properties Ltd [2024] (TCC), there was an issue whether one party could refer to a second adjudication, a new claim for additional losses arising from the same breach of contract oe
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Adjudication autonomy and lack of evidence to support parties claims

December 4, 2024December 17, 2024Jon. E.Leave a comment

In the case of J&B Hopkins Ltd v A&V Building Solution Ltd [2023] EWHC 301 (TCC), the judge held that the Pre-Action protocol did not apply to adjudication enforcement cases. Also the Judge held that it was not for a court to
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Definition of Reasonable endeavours

December 4, 2024December 17, 2024Jon. E.Leave a comment

In the recent case of RTI Ltd v MUR Shipping BV [2024] UKSC 18, the Supreme Court stated that reasonable endeavours must be directed to performing the contractual obligations, not finding some other way to achieve a similar result. This is in
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Notices are conditions precedent for recovery of L&E under JCT

December 4, 2024December 17, 2024Jon. E.Leave a comment

In the recent case of FES Ltd v HFD Construction group Ltd [2024] CSIH 37, the Scottish appeal court has ruled that the notification of a claim for loss and expense is a condition precedent under the SBCC (and JCT) contracts. In
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Design responsibility for Employer’s Requirements

December 4, 2024December 17, 2024Jon. E.Leave a comment

I’ve been involved in adjudication since its inception, at the start both preparing adjudication Referrals and Responses and latterly acting as an Adjudicator. Below are some of my thoughts on adjudication. In the recent case of Workman Properties Ltd v Adi Builidng
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Payment obligations in an adjudicator’s decision must be complied with promptly.

December 3, 2024December 17, 2024Jon. E.Leave a comment

I’ve been involved in adjudication since its inception, at the start both preparing adjudication Referrals and Responses and latterly acting as an Adjudicator. Below are some of my thoughts on adjudication. The recent case of CNO Plant Hire Ltd v Caldwell Construction
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Can an adjudicator award more than claimed?

December 3, 2024December 17, 2024Jon. E.Leave a comment

I’ve been involved in adjudication since its inception, at the start both preparing adjudication Referrals and Responses and latterly acting as an Adjudicator. Below are some of my thoughts on adjudication. The recent case of Bell Building Ltd v T Clarke Contracting
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Limit of adjudicator’s power to make changes to his or her decision.

December 3, 2024December 17, 2024Jon. E.Leave a comment

I’ve been involved in adjudication since its inception, at the start both preparing adjudication Referrals and Responses and latterly acting as an Adjudicator. Below are some of my thoughts on adjudication. The recent case of McLaughlin & Harvey Ltd v LJJ Ltd
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