Issue 38 - August 2003
The case revolved around the question: "When did the deed of warranty come into effect?" Was it the date the deed was signed or the day following the date of issue of the certificate of practical completion?
Contract issues
Northern and Shell plc v John Laing Construction Ltd
Click to download PDFCJ Elvin Building Services Ltd v Noble and Noble
Issue 38 - August 2003
This is a rare case which discusses whether a party is entitled to suspend work where it has not been paid sums which were due. The judge held that this could, on occasion, amount to conduct which amounts to a breach of conduct on the part of the employer.
Hurst Stores and Interiors Ltd v ML Europe Property Ltd
Issue 37 - July 2003
This case discusses whether a project manager had authority to enter into an agreement that Hurst accepted payment in full and final settlement of all claims arising out of or in connection with the trade contract works. It also examines the question of whether reference to this settlement could be deleted on the basis that there was a unilateral mistake.
City Inn Ltd v Shepherd Construction Ltd
Issue 35 - May 2003
The Scottish Court of Appeal had to consider whether the notice requirements of an amended version of clause 13.8.1 of the JCT 1980 Standard Form (Private With Quantities) contract amounted to a condition precedent to an entitlement to an extension of time.
Attorney General for the Falkland Islands v Gordon Forbes Construction (Falklands)
Issue 34 - April 2003
Acting Judge Saunders considered what was meant by "contemporary records" in clause 53.4 of the 1997 FIDIC fourth edition contract. Was this restricted merely to original documents or did the definition extend to witness statements produced after the event?