Construction Act review
Series: Construction Law Journal ; 19(4) 2003, 193-199(7)Publication details: 2003Subject(s): Online resources: Summary: Considers recent case law dealing with the enforcement of adjudicators' decisions and competing contractual obligations. In "K N S Industrial Services (Birmingham) Ltd v Sindall Ltd" ([2000] EWHC 75 (TCC), [2001] 17 Const LJ 170) was not enforceable where 'without prejudice to other rights' wording of the JCT standard forms was present. "Bovis Lend Lease Ltd v Triangle Development Ltd" (TCC, [2003] BLR 31-47) decision that a contractual obligation to comply with an adjudicator's decisions could be over-ridden by another contractual term was rejected in "Ferson Contractors Ltd v Levolux AT"([2003] EWCA Civ 11, Abs66318). Concludes that Levolux enforced the principle that an adjudicator's decision is binding and the courts will enforce it over any other conflicting contractual terms (for part one see Abs66799). View "K N S" and "Ferson" judgments at www.bailii.org.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS66800 (Browse shelf(Opens below)) | 1 | Available | 122911-1001 |
Considers recent case law dealing with the enforcement of adjudicators' decisions and competing contractual obligations. In "K N S Industrial Services (Birmingham) Ltd v Sindall Ltd" ([2000] EWHC 75 (TCC), [2001] 17 Const LJ 170) was not enforceable where 'without prejudice to other rights' wording of the JCT standard forms was present. "Bovis Lend Lease Ltd v Triangle Development Ltd" (TCC, [2003] BLR 31-47) decision that a contractual obligation to comply with an adjudicator's decisions could be over-ridden by another contractual term was rejected in "Ferson Contractors Ltd v Levolux AT"([2003] EWCA Civ 11, Abs66318). Concludes that Levolux enforced the principle that an adjudicator's decision is binding and the courts will enforce it over any other conflicting contractual terms (for part one see Abs66799). View "K N S" and "Ferson" judgments at www.bailii.org.