Amber Construction Services Ltd v Ilyrian Construction Ltd
How will the Insolvency Courts approach an application to restrain the advertisement of a winding-up petition?
Dispatch highlights some of the most important legal developments during the last month relating to the building, engineering and energy sectors.
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Services
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Contracts
How will the Insolvency Courts approach an application to restrain the advertisement of a winding-up petition?
Was LUC entitled to a stay of an adjudicator’s decision on the grounds of Avanton’s financial position and/or, rather more unusually, its own?
How will the court decide whether or not an adjudicator’s reasons are sufficient?
Had the adjudicator gone off on a frolic of their own in deciding that time was at large?
Could one party claim the costs of an unsuccessful Early Neutral Evaluation?
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?