Careful what you ask for
Bingham, T.
Careful what you ask for - 2000 - Building 265(8146) 21 July 2000, 59(1) .
Discusses a dispute concerning a new bridge crossing the Manchester Ship Canal to the new Lowry Centre in Salford. The Lowry said the bridge was 34 weeks late, and so witheld money for liquidated and ascertained damages. Also tried to escape the remit of the Construction Act 1996 by backdating the contract, but the adjudicator decided to investigate jurisdiction and continued to referee. Lowry did not like the referee's decision, but the court would not stop enforcement. Article emphasises that one party cannot deny another of its legal right to adjudication, and that the Construction Act 1996 only gives jurisdiction to decide matters under the contract.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
LOWRY CENTRE
SALFORD
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
JURISDICTION
ENFORCEMENT
BRIDGES
DAMAGES
Careful what you ask for - 2000 - Building 265(8146) 21 July 2000, 59(1) .
Discusses a dispute concerning a new bridge crossing the Manchester Ship Canal to the new Lowry Centre in Salford. The Lowry said the bridge was 34 weeks late, and so witheld money for liquidated and ascertained damages. Also tried to escape the remit of the Construction Act 1996 by backdating the contract, but the adjudicator decided to investigate jurisdiction and continued to referee. Lowry did not like the referee's decision, but the court would not stop enforcement. Article emphasises that one party cannot deny another of its legal right to adjudication, and that the Construction Act 1996 only gives jurisdiction to decide matters under the contract.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
LOWRY CENTRE
SALFORD
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
JURISDICTION
ENFORCEMENT
BRIDGES
DAMAGES