Outwing Construction Ltd v H Randell and Son Ltd.
Outwing Construction Ltd v H Randell and Son Ltd.
- 1999
- Construction Law Journal [1999] 15 CLJ 308-313(3) .
QBD 15 March 1999. A dispute over payment in a construction contract was referred to adjudication. The adjudicator instructed R to pay O. O invoiced R requiring payment by 2 March. R disputed the decision, referred it to arbitration, and also maintained that the decision was in respect of final payment which was not due till 29 March. O issued a writ, and a summons to abridge time. On the morning of the hearing R paid the amounts claimed, but refused to pay the costs of the application to enforce the decision. R argued that the payment in full of the sums claimed in the writ stayed the proceedings, that the summons to abridge time was not justified, that R were entitled to their costs because they had paid in time for the application to be abandoned. Held, the court has jurisdiction to decide cost applications issued before the automatic stay. That the summons to abridge time was justified. That O were entitled to their costs of issuing the summons and pursuing it.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
SCHEME FOR CONSTRUCTION CONTRACTS
OUTWING CONSTRUCTION LTD V H RANDELL AND SONS LTD
QBD 15 March 1999. A dispute over payment in a construction contract was referred to adjudication. The adjudicator instructed R to pay O. O invoiced R requiring payment by 2 March. R disputed the decision, referred it to arbitration, and also maintained that the decision was in respect of final payment which was not due till 29 March. O issued a writ, and a summons to abridge time. On the morning of the hearing R paid the amounts claimed, but refused to pay the costs of the application to enforce the decision. R argued that the payment in full of the sums claimed in the writ stayed the proceedings, that the summons to abridge time was not justified, that R were entitled to their costs because they had paid in time for the application to be abandoned. Held, the court has jurisdiction to decide cost applications issued before the automatic stay. That the summons to abridge time was justified. That O were entitled to their costs of issuing the summons and pursuing it.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
SCHEME FOR CONSTRUCTION CONTRACTS
OUTWING CONSTRUCTION LTD V H RANDELL AND SONS LTD