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RM Douglas Construction Limited v Bass Leisure Limited

Language: English Series: Construction Industry Law Letter ; 1991 CILL 638-640(3)Publication details: 1991Subject(s): Summary: QBD 4 December 1990. The appellant (R) by an agreement dated October 1988, agreed to act as management contractor for the respondents (B) as employer for the construction of a leisure centre . The contract was the JCT Management Contract which provided, inter alia, for the issuing by an architect of interim certificates and contained an arbitration clause . R claimed £1,300,902 under interim certificates 18, 19 and 20 and sought summary judgement. B sought a stay of proceedings under Arbitration Act 1950 s4 . R claimed that there was no "dispute or difference" within the meaning of the arbitration clause. B disclaimed this on the grounds that there was an argument for questioning whether the sums certified were in fact due and they were entitled to set off claims for delay and other breaches of contract. R claimed that it was not sufficient to raise questions B had to go further and show that they had an arguable defence. It was held that B did not have to show arguable defence in re
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS44067 (Browse shelf(Opens below)) 1 Available 45196-1001

QBD 4 December 1990. The appellant (R) by an agreement dated October 1988, agreed to act as management contractor for the respondents (B) as employer for the construction of a leisure centre . The contract was the JCT Management Contract which provided, inter alia, for the issuing by an architect of interim certificates and contained an arbitration clause . R claimed £1,300,902 under interim certificates 18, 19 and 20 and sought summary judgement. B sought a stay of proceedings under Arbitration Act 1950 s4 . R claimed that there was no "dispute or difference" within the meaning of the arbitration clause. B disclaimed this on the grounds that there was an argument for questioning whether the sums certified were in fact due and they were entitled to set off claims for delay and other breaches of contract. R claimed that it was not sufficient to raise questions B had to go further and show that they had an arguable defence. It was held that B did not have to show arguable defence in re