Westminster Building Co Ltd v Andrew Beckingham
Westminster Building Co Ltd v Andrew Beckingham
- 2004
- Building Law Reports [2004] BLR 163-171(9) .
[2004] EWHC 138 (TCC), 20 February 2004. Westminster (W) entered into a contract with Beckingham (B) for the refurbishment of a property. After the works commenced a dispute arose as to the form of contract. W maintained that JCT standard terms and an adjudication procedure had been incorporated into the contract. B did not pay on interim certificates, claiming a term in the contract capped the amount he was required to pay. W took thematter to adjudication, relying on the standard terms. Adjudicator ruled in favour of W, but B did not comply. "Held": adjudicator judged B had seen the form containing the standard terms, and although he did not sign it, he did not object to its contents; B had no grounds for challenging the adjudicators decision. View judgment at www.bailli.org.
ADJUDICATION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
JCT CONTRACTS
ARBITRATION PROCEDURES
UNFAIR TERMS IN CONSUMER CONTRACTS REGULATIONS 1999
STANDARD TERMS
INTERIM CERTIFICATES
[2004] EWHC 138 (TCC), 20 February 2004. Westminster (W) entered into a contract with Beckingham (B) for the refurbishment of a property. After the works commenced a dispute arose as to the form of contract. W maintained that JCT standard terms and an adjudication procedure had been incorporated into the contract. B did not pay on interim certificates, claiming a term in the contract capped the amount he was required to pay. W took thematter to adjudication, relying on the standard terms. Adjudicator ruled in favour of W, but B did not comply. "Held": adjudicator judged B had seen the form containing the standard terms, and although he did not sign it, he did not object to its contents; B had no grounds for challenging the adjudicators decision. View judgment at www.bailli.org.
ADJUDICATION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
JCT CONTRACTS
ARBITRATION PROCEDURES
UNFAIR TERMS IN CONSUMER CONTRACTS REGULATIONS 1999
STANDARD TERMS
INTERIM CERTIFICATES