A sensible modern judgment concerning incompetent work
Powell-Smith, V.
A sensible modern judgment concerning incompetent work - 1992 - Contract Journal 363(5873) 14 May 1992, 13(1) .
Welcomes the judgment in "Ohbayashi-Gumi Ltd v Industrial Fireproofing Ltd" where O, the contractor, unsuccessfully appealed against an arbitration decision which had granted compensation to the subcontractor (IFL) for the costs incurred in remedial work. This work had been executed after tests conducted by the employer, a procedure which IFL contended was unreasonable in detail. Disregarding the fact that the examination had been carried out by an unqualified trainee, the judge pronounced there was an implied term that subcontract work could not be rejected on the grounds of unreasonable testing, and such provision was both reasonable and necessary within the contractual matrix.
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
CLAIMS
REMEDIAL WORK
A sensible modern judgment concerning incompetent work - 1992 - Contract Journal 363(5873) 14 May 1992, 13(1) .
Welcomes the judgment in "Ohbayashi-Gumi Ltd v Industrial Fireproofing Ltd" where O, the contractor, unsuccessfully appealed against an arbitration decision which had granted compensation to the subcontractor (IFL) for the costs incurred in remedial work. This work had been executed after tests conducted by the employer, a procedure which IFL contended was unreasonable in detail. Disregarding the fact that the examination had been carried out by an unqualified trainee, the judge pronounced there was an implied term that subcontract work could not be rejected on the grounds of unreasonable testing, and such provision was both reasonable and necessary within the contractual matrix.
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
CLAIMS
REMEDIAL WORK