i-law

Building Law Reports

In the matter of COSSLETT (CONTRACTORS) Ltd and in the matter of THE INSOLVENCY ACT 1986 IAN CLARK, ADMINISTRATOR OF COSSLETT (CONTRACTORS) Ltd (in administration) v MID-GLAMORGAN COUNTY COUNCIL

(1998) 85 BLR 1

Contract - ICE Conditions, 5th Edition, clauses 53 and 63 - Whether employer’s right to retain possession of plant amounts to a charge - Whether employer’s rights to sell plant amounts to a possessory lien or a floating equitable charge - Companies Act 1985, s395

COPTHORNE HOTEL (NEWCASTLE) Ltd v ARUP ASSOCIATES (Defendant/Respondent) BOVIS CONSTRUCTION Ltd (Second Third Party/Appellant) THE CO-OPERATIVE WHOLESALE SOCIETY Ltd (Third Third Party and First Fourth Party

(1998) 85 BLR 22

Contract terms - Exclusion clause - Limitation of liability - Management contractor - JCT Form of Management Contract, 1987 Edition - Construction of contract

DAVIES MIDDLETON & DAVIES Ltd v TOYO ENGINEERING CORPORATION

(1998) 85 BLR 59

Arbitration - Arbitration Act 1996, s 9 - Stay to arbitration

Reference to experts - Requirements - Alternative dispute resolution

(1) COSTAIN CIVIL ENGINEERING Ltd (2) TARMAC CONSTRUCTION Ltd v ZANEN DREDGING AND CONTRACTING COMPANY Ltd

(1998) 85 BLR 77

Standard Conditions of Sub-Contract with the ICE Conditions of Contract (“the Blue Form”) - Clause 8(1) - “authorised variations” - Whether within main contract works

Quantum meruit - Reasonable remuneration for works outside sub-contract - Whether profits made by appellant to be considered - Whether mobilisation costs of respondent to be considered

OVAL (717) Ltd v AEGON INSURANCE COMPANY (UK) Ltd

(1998) 85 BLR 97

Bond - Whether notification condition precedent applicable to all breaches of contract - Whether failure to comply with notification condition precedent in respect of one breach of contract invalidates claim in respect of all other breaches or any one of them

Unfair Contract Terms Act 1977 - Whether applicable to a bond

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