Issue 45 - March 2004
Where a contractor refused to carry out an instruction from an employer, was that contractor able to deny access to a second contractor appointed to carry out the work?
Contract issues
Bath & North East Somerset DC v Mowlem plc
Click to download PDFJDM Accord Ltd v Secretary of State for the Environment, Food and Rural Affairs
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.
Ove 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.
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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