Crown Estate Commissioners v John Mowlen and Company Ltd
Crown Estate Commissioners v John Mowlen and Company Ltd
- 1994
- Construction Law Journal (1994) 10 CLJ 311-325(15) .
CA 29 July 1994. C entered into a JCT 1980 standard form of building contract (private with quantities edition) for the construction of a commercial development. The architects issued a final certificate on 2 December 1992 and under clause 30.9.1.1 of the contract, this was stated to be conclusive evidence that quality of materials and workmanship had been met to the satisfaction of the architect. On 6 April 1993 C gave notice of arbitration in respect of defects and on 7 April C issued an originating summons under Arbitration Act 1950 s27 to extend the time in which to give a written notice to concur in the appointment of an arbitrator. The judge granted C the decision and J appealed. Appeal was allowed.
ARBITRATION ACT 1950 S27
CROWN ESTATE COMMISSIONERS V JOHN MOWLEM AND COMPANY LTD
FINAL CERTIFICATES
JCT STANDARD FORM OF BUILDING CONTRACT (1980 EDITION)
CA 29 July 1994. C entered into a JCT 1980 standard form of building contract (private with quantities edition) for the construction of a commercial development. The architects issued a final certificate on 2 December 1992 and under clause 30.9.1.1 of the contract, this was stated to be conclusive evidence that quality of materials and workmanship had been met to the satisfaction of the architect. On 6 April 1993 C gave notice of arbitration in respect of defects and on 7 April C issued an originating summons under Arbitration Act 1950 s27 to extend the time in which to give a written notice to concur in the appointment of an arbitrator. The judge granted C the decision and J appealed. Appeal was allowed.
ARBITRATION ACT 1950 S27
CROWN ESTATE COMMISSIONERS V JOHN MOWLEM AND COMPANY LTD
FINAL CERTIFICATES
JCT STANDARD FORM OF BUILDING CONTRACT (1980 EDITION)