TTSJV WLL & Ors v BapCo Refining BSC
What is the correct legal test for challenging a call made against a bond?
Dispatch highlights some of the most important legal developments during the last month relating to the building, engineering and energy sectors.
Sectors
Services
Regions
Contracts
What is the correct legal test for challenging a call made against a bond?
Did the payment notice comply with the necessary statutory and contractual requirements? If it did not, what was the consequence?
Was the alleged final account document a draft, or the real thing?
Did the contract provide for a final date for payment? And if it did not, what was the consequence?
Had the parties agreed an extension of time which the adjudicator failed to take account of?
Had the adjudicator departed from the parties’ submissions and/or decided the dispute on a basis which they did not have an adequate opportunity to deal with?
How will the court determine whether a person “intends to occupy” the property: a key part of the test as to the whether or not the residential occupier exemption will apply to an adjudication?
What is the test the court will apply in determining whether or not the contents of a withholding notice comply with the requirements of the Housing Grants Act?
Did a letter form a binding agreement between the parties or was it simply part of an exchange which was subject to contract?
Following a creditors’ voluntary liquidation, could a claiming party make a call on a personal guarantee signed by a former director?
In considering whether or not the termination of a contract for the supply of medical gloves during the COVID-19 pandemic was valid, the court had to consider issues relating to waiver and prevention.
Had there been a conflict of interest when a surveyor gave advice to a project funder? And if so, was that conflict causative of any loss?