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Picardi v Cuniberti and another

Series: Construction Industry Law Letter ; [2002] CILL 1980-1982(3)Publication details: 2003Subject(s): Online resources: Summary: [2002] EWHC 2923 (TCC), 19 December 2002. Claimant architect (P) applied to court to enforce adjudicator's award for unpaid fees for work carried out on the defendants' (C) property. C failed to sign standard form agreeing to the RIBA Conditions of Engagement 1999 (CE 1999) sent by P with letter of appointment. The adjudicator ordered C to pay P together with the adjudicator's fee plus interest. The court held that as the contract had never been signed the RIBA terms had not been incorporated into the contract. The adjudication was not enforceable in common law. Private dwellings are excluded from the Housing Grants, Construction and Regeneration Act 1996. Adjudication clauses are also excluded under the terms of the Unfair Terms in Consumer Contract Regulations 1999. Therefore the adjudicator's award was null and void. (See also Abs66515). View judgment at www.bailii.org.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS66691 (Browse shelf(Opens below)) 1 Available 122465-1001

[2002] EWHC 2923 (TCC), 19 December 2002. Claimant architect (P) applied to court to enforce adjudicator's award for unpaid fees for work carried out on the defendants' (C) property. C failed to sign standard form agreeing to the RIBA Conditions of Engagement 1999 (CE 1999) sent by P with letter of appointment. The adjudicator ordered C to pay P together with the adjudicator's fee plus interest. The court held that as the contract had never been signed the RIBA terms had not been incorporated into the contract. The adjudication was not enforceable in common law. Private dwellings are excluded from the Housing Grants, Construction and Regeneration Act 1996. Adjudication clauses are also excluded under the terms of the Unfair Terms in Consumer Contract Regulations 1999. Therefore the adjudicator's award was null and void. (See also Abs66515). View judgment at www.bailii.org.