Contents 1. Introduction
Legislation The Act means the Housing Grants, Construction and Regeneration Act 1996, as amended by the Local Democracy, Economic Development and Construction Act 2009 Pt 8. The ‘new’ provisions apply to contracts entered into on or after 1 October 2011. The main regulations are contained in the Scheme for Construction Contracts (England & Wales) Regulations 1998 (the ‘Principal Regulations’). 1 They have been amended by the Scheme for Construction Contracts (England & Wales) (Amendment) (England) Regulations 2011 2 (the ‘new Regulations’). The new Regulations apply only to contracts for construction operations in England entered into on or after 1 October 2011. For earlier contracts the Principal Regulations apply. There are separate regulations for contracts for work in Scotland applicable to contracts made on or after 1 November 2011. 3 The new Regulations apply only to contracts for work in Scotland entered into on or after this date. For earlier contracts the Scheme for Construction Contracts (Scotland) Regulations 1998 4 applies. There are new separate regulations for Wales, applicable to contracts for construction operations in Wales entered into on or after 1 October 2011. 5 A reference to “the Scheme” is to the Principal Regulations for England and Wales, or the Scheme for Scotland, as the context so requires.
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2. Abuse of Process
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Amey LG Ltd v Amey Birmingham Highway Ltd 3. Dispute – Whether Crystallised Barry M Cosmetics Ltd v Merit Holdings Ltd 4. Enforcement – Fraud BM Services Inc Ltd v Greyline Builders Ltd 5. Insolvency – Effect on Enforcement Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd and Primus Build Ltd v Cannon Corporate Ltd 6. Jursidiction page 4 Skymist Holdings Ltd v Grandlane Developments Ltd 7. Natural Justice - Construction of Contract Term – Imported issue page 5 Synergy Gas Services Ltd v Northern Gas Heating Ltd 8. Parties – Correct Name page 6 Jurisdiction Fern & another v West and others (Haven Build) 9. Stay of Execution – Dissipation of Assets – Principles page 6 Gosvenor London Ltd v Aygun Aluminum UK Ltd 10. Waiver - Challenge and Reservation Had to be Appropriate and Clear page 7 Ove Arup & Partners International Ltd v Coleman Bennett International Consultancy PLC page 3 page 4 page 4
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