The High Court has upheld an adjudication award made to a construction firm following a contract dispute involving allegations of defective work. The case involved Davis Construction (South East) Ltd v Sanzen Investments Ltd. Davis had been engaged by Sanzen to construct 25 residential units under a JCT design and build contract. Clause 9 provided
The High Court has upheld an adjudication award made to a construction firm following a contract dispute involving allegations of defective work. The case involved Davis Construction (South East) Ltd v Sanzen Investments Ltd. Davis had been engaged by Sanzen to construct 25 residential units under a JCT design and build contract. Clause 9 provided
A firm of interior designers have won a contract dispute over unpaid invoices for their work refurbishing a hotel requiring a “luxurious 5-star feel”. The case involved Phoenix Interior Design Ltd v Henley Homes plc. Henley engaged Phoenix to provide interior design services, furniture and fittings for a new apartment hotel in Scotland. The brief
The High Court has upheld a marketing company’s restrictive covenant preventing its sales advisors from competing with it for a six-month period. The case involved Credico Marketing Ltd v Lambert. Credico provided direct marketing services which were conducted by independent sale advisors (ISAs) by methods such as door-to-door sales. It did not contract directly with
A finance consultancy was entitled to €855,000 commission for its part in acquiring investment money for a large property development. That was the decision of the Court of Appeal in a case involving EMFC Loan Syndications and The Resort Group. The Group had engaged EMFC to assist it to raise financing of up to €130
Drax Power was entitled to withhold payment relating to one set of works to offset the cost of remedying defects in another set of works carried out by the same contractor. That was the decision of the High Court in a case involving Drax and Shepherd Construction Ltd. The issue arose after Drax engaged Shepherd
A firm of surveyors who secured a business rate reduction for a shop had provided a ‘claims management service’ and were entitled to payment in full as agreed in the contract. The issue arose after Bias Harrogate Ltd engaged RVA Surveyors Ltd to secure a reduction in the business rates it paid to the local
A company has lost $3m dollars because it had agreed to contradictory contract terms when entering into a purchase agreement. The case involved Septo Trading Inc, which contracted to import fuel oil supplied by Tintrade Ltd. The terms were recorded in an email confirmation (the Recap). A clause in the Recap stated that a quality