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Determination by notice

RPC
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United Kingdom
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December 31 2008

The Court of Appeal has held that the contractor's notice of determination in July 2006, which relied on defaults in January 2006 and June 2006, was still valid, irrespective of the fact that the employer was not, in fact, in default in January 2006, so that the default notice issued in January 2006 was invalid

TCC jurisdiction: existence of contract

RPC
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United Kingdom
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December 31 2008

The TCC does have jurisdiction to decide a dispute as to the existence andor terms of a contract

Execution of contracts

RPC
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United Kingdom
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December 31 2008

Although this is a tax case dealing with the validity of a tax avoidance scheme, it has some interesting things to say about the execution of contracts in general, and the execution of deeds in particular

Costs guidance conduct is vital

RPC
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United Kingdom
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December 31 2008

The High Court has recently set out some basic costs principles in the context of the long-running Wembley Stadium dispute

Contractor’s vicarious liability for independent contractor

RPC
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United Kingdom
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December 31 2008

The principle that a person who employs an independent contractor to carry out extra-hazardous or dangerous operations can be vicariously liable for that contractor’s negligence was binding on the Court of Appeal, but its application should be kept as narrow as possible and strictly confined only to activities that were exceptionally dangerous no matter what precautions were taken

Enforcement

RPC
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United Kingdom
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December 31 2008

Where an adjudicator states that his decision is not reasoned, those words are not conclusive as to whether or not that is, in fact, the case

Dispute already decided

RPC
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United Kingdom
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December 31 2008

If an adjudicator finds himself in the position that he cannot properly, reasonably and fairly make a decision on some element of the claim, he must make it clear to the parties that that is the case

Adjudication: CPR Part 8: appeal of an adjudicator’s decision

RPC
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United Kingdom
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December 31 2008

Although an adjudicator's decision is temporarily binding on the parties, it is thereafter open to either party to come to court for a final decision on the point considered by the adjudicator

Damages: repudiation

RPC
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United Kingdom
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December 31 2008

If a contractor repudiates a contract at a time when the employer has already resolved to remove certain of the contractor's obligations, and has engaged another contractor to perform those obligations, the contractor's failure to perform those particular obligations should be disregarded when assessing damages

Net contribution clauses: not necessarily “unreasonable”?

RPC
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United Kingdom
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October 1 2009

This article considers what a net contribution clause is, why they are resisted by some parties to construction contracts and the effect of a recent case on the reasonableness of such clauses

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