Building Law Reports

Contract - Liquidated damages - Extension of time - Effect of variations required during period of “culpable delay” - Whether extension of time should be “net” or “gross” - JCT Conditions, 1980 Edition, clauses 24 and 25

Contract - ICE Conditions, 5th edition, clause 60(6) - meaning of “failure of the Engineer to certify” - whether compound interest recoverable Arbitration -Submission -claim not referred to Engineer or arbitrator and not in original pleadings - whether ad hoc submission

Set-off - Claim for ascertainable sum - Whether claim can be set-off at common law against liquidated damages - Whether such a claim raises triable issue - RSC Order 14

Contract - Tenders - Duty to consider tenders - Connection between director of tendering company and Council employee - Removal by Council of tendering company from shortlist - Whether breach by contract - Damages

Contract - Damages - Whether overpayment recoverable as damages Restitution - Total failure of consideration - Recovery of overpayment made to a contractor

Contract - Letter of Intent - Whether giving rise to “if” contract - Extent of authority given by letter

Practice - whether causes of action for actionable interference with contract, procuring breach or conspiracy disclosed - RSC Order 18, rule 19 Management Contract - whether issue of certificate by architect would constitute tort

Contract - Implied term to take reasonable skill and care - Contractor’s duty to warn of defects in surveyor’s plans - Contributory negligence