The Renaissance Club at Archerfield LLP v BVB Sureties Limited
Ted Lowery considers a case in which the surety argued that a performance bond demand included not enough and too much information.
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TTSJV WLL & Ors v BapCo Refining BSC
What is the correct legal test for challenging a call made against a bond?
Netomnia Ltd v MJ Quinn Integrated Services Ltd
Did the payment notice comply with the necessary statutory and contractual requirements? If it did not, what was the consequence?
Issue 314
August’s Dispatch looks at when you can challenge calls on bonds and the importance of getting the details of your payment application right.
Belong (Construction) Limited v Seddon Construction Limited
Ted Lowery considers a recent TCC decision which examined whether liabilities under a Pre-Construction Services Agreement survived the execution of a subsequent JCT contract. The decision is a reminder that where PCSAs are not seamlessly superseded, rights and liabilities may continue beyond the transition to the substantive contract.
Oakland Wantage Care Home Ltd v Stepnell Ltd
Was the alleged final account document a draft, or the real thing?
Deerns UK Ltd v VDC LHR11 Ltd
Did the contract provide for a final date for payment? And if it did not, what was the consequence?
Issue 313
July’s Dispatch looks at final dates for payment, final accounts and the meaning of conclusivity.
Sutton and East Surrey Water plc v Monarch Chemicals Ltd & Muztrans Limited
Ted Lowery considers a claim for a Civil Liability Act contribution brought in consequence of a chemicals delivery blunder that left the protagonists under a cloud.
Clerkenwell Lifestyle (UK) Ltd v HG Construction Ltd
Had the parties agreed an extension of time which the adjudicator failed to take account of?
Premier Modular Ltd v Maidstone and Tunbridge Wells NHS Trust
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?
Issue 312
June’s Dispatch looks at natural justice, adjudicators departing from submissions and the formalities needed to agree an extension of time (EOT).