Case exposes loophole
Case exposes loophole
- 2000
- Building 265(8133) 20 April 2000. 7(1) .
Discusses the case "Herschel Engineering v Breen Property" which held that a losing party in an adjudication may suspend payment to the winner if it can show that the winner may be unable to repay if it lost at a subsequent arbitration or litigation proceedings.
HERSCHEL ENGINEERING LTD V BREEN PROPERTY LTD
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
SUSPENSION
PAYMENT
Discusses the case "Herschel Engineering v Breen Property" which held that a losing party in an adjudication may suspend payment to the winner if it can show that the winner may be unable to repay if it lost at a subsequent arbitration or litigation proceedings.
HERSCHEL ENGINEERING LTD V BREEN PROPERTY LTD
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
SUSPENSION
PAYMENT