High Court: Technology and Construction Court judgments, 2003

Adjudication must comply with procedural fairness, but fairness is assessed in the context of the statutory timetable, the provisional nature of the decision…

In construction adjudication, “dispute” has its ordinary meaning. A claim may constitute a dispute once it has been rejected or not paid, without importing an…

A solicitor’s retainer is ordinarily with the person identified as the client, rather than with a special purpose vehicle whose interests may be affected by…

A contract to build and sell a house ordinarily contains an implied term that the house, when completed, will have been constructed in a good and workmanlike…

An undisclosed principal may sue on an agent’s contract only where the agent intended to act for that principal and the third party was willing to contract…

A party cannot enforce an adjudicator’s decision where the decision rests on breach of a contract which the court finds was never made. A construction-industry…

Damages for breach of repairing covenants must compensate loss caused by the breach, not loss resulting from the landlord’s separate decision to upgrade or…

An adjudicator’s failure to issue a decision within the contractual period does not automatically deprive the adjudicator of jurisdiction or make a later…

In adjudication enforcement proceedings, a dispute may be crystallised even though the amount or detailed composition of the claim changes, where liability has…

A professional-services contract may impose a standard higher than ordinary competence where its terms require work by a first-class contractor. A contractor…

On an application to stay proceedings under Arbitration Act 1996, the court may determine contractual terms, the existence and scope of an arbitration…

A management contractor may owe a concurrent common-law duty of care to a tenant occupying part of a redevelopment site. The duty requires reasonable skill…

For limitation purposes, a tortious claim for economic loss accrues when the claimant first suffers the relevant loss, not necessarily when defects become…

A professional services claim may fail where the parties never reached a concluded agreement on remuneration. Where services are undertaken as part of a joint…

Under the JCT 1980 conditions, a Final Certificate must satisfy the contractual requirements of form, substance and intent. Contractual time limits for…

Contractual charging provisions must be construed objectively, in their documentary and commercial context. The court must identify what the words meant in the…

A contractual power to terminate on one month’s notice should be given its clear meaning where the contract contains no adequate basis for restricting it. A…

A letter of intent may create a binding contract, but its effect depends on the parties’ objectively ascertained intention and the words used. A court will not…

A unilateral mistake may justify resisting enforcement of contractual terms where the other party had actual knowledge of the mistake, wilfully shut its eyes…

Under a professional indemnity policy, the insuring clause may cover the assured’s legal liability for a successful claimant’s costs arising from a claim.…

An adjudicator must observe natural justice, even where the contractual procedure is designed to be swift. Each party must know the case against it and have an…

A Contractors All Risks policy covering loss of or damage to insured property does not ordinarily indemnify the insured for the cost of replacing work which is…

A letter of intent creates a binding contract where the parties objectively intend to be bound. Later draft terms do not become contractual merely because work…

Acceptance of a cheque tendered in full and final settlement may create an accord and satisfaction, even where the payment is made by a third party. The…

A contractor is not liable for defective work or materials supplied by an independent contractor merely because the contractor provided administrative…

An adjudicator’s decision valuing work and stating when payment will become due does not, without clear words, remove the paying party’s later statutory right…

For adjudication purposes, a dispute arises in accordance with the ordinary meaning of that word. A claim is generally disputed once money is claimed and the…

Building services installed in a building housing specialist plant are not excluded from the statutory definition of construction operations merely because the…

In claims alleging nuisance from tree-root encroachment, the claimant must prove on the balance of probabilities that the identified tree roots caused the…

Challenges under section 68 of the Arbitration Act 1996 are exceptional. The court does not exercise a general supervisory jurisdiction over arbitration or…

A contractual obligation to perform within a reasonable time is assessed by reference to the circumstances which actually existed, including the parties’…

In a construction contract, an employer’s failure or refusal to pay a substantial sum due, particularly coupled with an indication that no further sums will be…

Liability for tree-root subsidence depends on the overall evaluation of the scientific and factual evidence. Relevant considerations include the depth and type…

A binding construction contract may arise through a document described as a letter of intent. Its legal effect depends on the parties’ objectively assessed…

Under a standard-form construction contract, no adjudicable dispute concerning an extension of time or consequential loss and expense exists while the…

A wasted costs order requires proof that the legal representative acted improperly, unreasonably or negligently, that the conduct caused unnecessary costs, and…

In a professional negligence claim against a valuer, the claimant must first show that the valuation fell outside the permissible range of non-negligent…

Damages for private nuisance principally compensate for injury to the claimant’s interest in land. The cost of repairing physical damage is ordinarily primary…

An architect who knows that a design presents a serious risk cannot avoid liability by leaving the client to identify and correct the defect, even where the…

Copyright in a computer program ordinarily belongs to its author, subject to contrary agreement. A technical client’s contribution to requirements…

A contractor who settles an employer’s claims cannot recover from a subcontractor more than the loss attributable to that settlement. The settlement ordinarily…

In a fatal accident dependency claim, the court must assess the probable financial loss caused by the death. A surviving partner’s earning capacity is relevant…

A contractual warranty about the performance of goods is ordinarily breached when the non-compliant goods are delivered, where the warranty is closely…

A dispute for adjudication may arise where a claim has been made, the opposing party has not accepted the amount claimed, and payment is denied or said to be…

Under a contractual cost-recovery clause, the obligation to pay properly incurred costs is not generally defeated because an invoice includes other items which…

An adjudicator’s decision is valid and enforceable if the adjudicator answers the question referred, even if the answer is wrong. It is a nullity where the…

A commercial contract is not formed merely because parties have agreed some matters in principle or have acted as though negotiations were progressing towards…