Winners and losers in the adjudicators' generation game
Series: Architects' Journal ; 220(2) 8 July 2004, 40(1)Publication details: 2004Subject(s): Summary: Discusses "Conor Engineering v Les Constructions Industrielle de la Mediterranee" ([2004] EWHC 899 (TCC), [2004] BLR 212-222) where CIM was engaged to design and build plant to incinerate waste and generate electricity. Subcontractor Conor referred payment disputes to an adjudicator, but CIM argued that the adjudicator's decision, in favour of Conor, was unenforceable as the works were carried out on a site where the primary activity was power generation, which were excluded from recourse to adjudication under the Housing Grants, Construction and Regeneration Act 1996. It was ruled that waste incineration was the primary activity, which is included under the Act, so the decision was judged enforceable. Concludes careful consideration should be given to the issue of whether contracts are on the included or excluded parts of the Act, before adjudication is undertaken.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS68122 (Browse shelf(Opens below)) | 1 | Available | 127170-1001 |
Discusses "Conor Engineering v Les Constructions Industrielle de la Mediterranee" ([2004] EWHC 899 (TCC), [2004] BLR 212-222) where CIM was engaged to design and build plant to incinerate waste and generate electricity. Subcontractor Conor referred payment disputes to an adjudicator, but CIM argued that the adjudicator's decision, in favour of Conor, was unenforceable as the works were carried out on a site where the primary activity was power generation, which were excluded from recourse to adjudication under the Housing Grants, Construction and Regeneration Act 1996. It was ruled that waste incineration was the primary activity, which is included under the Act, so the decision was judged enforceable. Concludes careful consideration should be given to the issue of whether contracts are on the included or excluded parts of the Act, before adjudication is undertaken.