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Enforcement in part

By: Series: Contract Journal ; 418(6422)16 April 2003, 59(1) | Civil Engineering Surveyor ; May 2003, 34(1)Publication details: 2003Subject(s): Online resources: Summary: Looks at the recent case "R Durtnell and Sons Ltd v Kaduma Ltd" ([2003] EWHC 517 (TCC); [2003] TCLR 7), which raised the issue of whether an adjudicator's decision can be enforced in part with the remaining parts set aside. Kaduna (K) had engaged Durtnell (D) to undertake property works where the contract sum had risen by almost 100% and been delayed by six months. D sought declarations with regards extensions of time and practical completion. D also made claims for additional money in respect of the valuation of the works, loss and expense and the replacement of liquidated and ascertained damages. Concludes that where matters referred to adjudication comprise a number of distinct disputes, the court may order enforcement of parts of the decision. View judgment at www.bailii.org.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS66693 (Browse shelf(Opens below)) 1 Available 122473-1001

Looks at the recent case "R Durtnell and Sons Ltd v Kaduma Ltd" ([2003] EWHC 517 (TCC); [2003] TCLR 7), which raised the issue of whether an adjudicator's decision can be enforced in part with the remaining parts set aside. Kaduna (K) had engaged Durtnell (D) to undertake property works where the contract sum had risen by almost 100% and been delayed by six months. D sought declarations with regards extensions of time and practical completion. D also made claims for additional money in respect of the valuation of the works, loss and expense and the replacement of liquidated and ascertained damages. Concludes that where matters referred to adjudication comprise a number of distinct disputes, the court may order enforcement of parts of the decision. View judgment at www.bailii.org.