37 appointments to date including
appointments by party agreement
Subject matter of disputes has included:
- final accounts
- measurement and valuation
- variations
- defective work
- direct loss and expense claims
- determinations, repudiation of contract
- supplemental agreements
- professional indemnity insurance claims
- dilapidation claims
- delays, extensions of time,
liquidated and ascertained damages claims
- interpretation of contract terms, construction of contract .
Amount in dispute £2,000 to £38 million.
Reported cases:
- Chattan Developments Limited and Reigill Civil Engineering Contractors Limited [2007] EWHC 305 (TCC)
- L Brown & Sons Limited v Crosby Homes (North West) Limited [2008] EWHC 817 (TCC).
Extracts from the judgment of the Honourable Mr Justice Ramsey in Chattan v Reigill:
- ...'He correctly rejected evidence of Mr Bossom's subjective intention at paragraph 82.
- 'In my judgment, the Arbitrator made the relevant findings of fact and applied the correct principles of law in coming to this conclusion.
- ...Here he was applying his experience as a Chartered Quantity Surveyor to the facts of the case to see whether an employer in the position of Chattan might be prepared to give up liquidated damages. I consider that this is precisely what arbitrators experienced in the construction industry should do.
- 'As a result, his conclusion...cannot be faulted.
- 'In the circumstances, I dismiss Chattan's appeal against the Arbitrator's decision in relation to Preliminary Issue 2.'
Extracts from the judgment of Mr Justice Akenhead in Brown v Crosby:
- 'It is clear that the arbitrator carried out a thorough review of the evidence and argument...
- 'It is clear from the award that the arbitrator took into account all material factors...
- '...Taking into account all these factors, this application should be dismissed.'
|
