Issue 44 - February 2004
His Honour Judge Thornton QC provides guidance on what factors should be taken into account when placing weight on timesheets to back up a claim for fees.
Contract issues
JDM Accord Ltd v Secretary of State for the Environment, Food and Rural Affairs
Click to download PDFOve Arup & Partners Ltd & Another v Mirant Asia-Pacific Construction (Hong Kong) Ltd & Another
Issue 42 - December 2003
The Court of Appeal had to consider whether the FIDIC terms applied to a contract between the parties and whether a valid claim had been made under clause 17. This was a significant point since, if the terms applied and a valid claim had been made, any liability would be subject to a cap.
Hewden Tower Cranes Ltd v Yarm Road Ltd and Another
Issue 39 - September 2003
This Court of Appeal case arose out of the collapse of a tower crane at Canary Wharf. The Court considered which of the parties under a contract for the hire of plant was responsible for the loss and damage.
Northern and Shell plc v John Laing Construction Ltd
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?
CJ 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.
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