Extrudakerb (Maltby Engineering) Ltd v White Mountains Quarries Ltd
Extrudakerb (Maltby Engineering) Ltd v White Mountains Quarries Ltd
- 1997
- Arbitration and Dispute Resolution Law Journal July 1997, 262-270(9) .
QBD 24 April 1996. Concerns a sub contract whereby the plaintiff undertook to lay some water channels for the defendant, the main contractor. A letter by the defendant stated that this subcontract would be the FCEC form of subcontract which contains an arbitration clause. Disputes arose and the plaintiff commenced court proceedings claiming payment for work done and charges allegedly due under the subcontract. The defendant sought a stay to arbitration but the plaintiff appealed on the grounds that the contract did not contain an arbitration clause. "Held".
ARBITRATION CLAUSES
CONSTRUCTION DISPUTES
FCEC FORM OF SUBCONTRACT
SUBCONTRACTS
QBD 24 April 1996. Concerns a sub contract whereby the plaintiff undertook to lay some water channels for the defendant, the main contractor. A letter by the defendant stated that this subcontract would be the FCEC form of subcontract which contains an arbitration clause. Disputes arose and the plaintiff commenced court proceedings claiming payment for work done and charges allegedly due under the subcontract. The defendant sought a stay to arbitration but the plaintiff appealed on the grounds that the contract did not contain an arbitration clause. "Held".
ARBITRATION CLAUSES
CONSTRUCTION DISPUTES
FCEC FORM OF SUBCONTRACT
SUBCONTRACTS