Last chances
Bessey, J
Last chances - 2000 - Building 265(8162) 17 November 2000, 63(1) .
Looks at provisions in standard forms of contracts which make matters such as design, compliance with law, and extensions of time final once a final certificate has been issued. Complications can arise as the Housing Grants, Construction and Regeneration Act 1996 s108 entitles a party to adjudicate 'at any time'. The JCT 1998 contracts have tried to resolve this by giving parties an extra 28-day period from the date of the adjudicator's award to take further proceedings, as found in JCT WCD 1998 cl30.8. Concludes that the CA decision in "Crown Estate Commissioners v John Mowlem and Co Ltd" has helped to clarify the situation; the right to adjudicate at any time can be made insubstantial in contracts where clauses make specific determinations final.
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-JOINT CONTRACTS TRIBNUAL CONTRACTS
JCT WCD 1998 CL30.8
EXTENSIONS OF TIME
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S108
FINAL CERTIFICATES
CROWN ESTATE COMMISSIONERS V JOHN MOWLEM AND CO LTD
BARKING AND DAGENHAM LBC V TERRAPIN CONSTRUCTION
Last chances - 2000 - Building 265(8162) 17 November 2000, 63(1) .
Looks at provisions in standard forms of contracts which make matters such as design, compliance with law, and extensions of time final once a final certificate has been issued. Complications can arise as the Housing Grants, Construction and Regeneration Act 1996 s108 entitles a party to adjudicate 'at any time'. The JCT 1998 contracts have tried to resolve this by giving parties an extra 28-day period from the date of the adjudicator's award to take further proceedings, as found in JCT WCD 1998 cl30.8. Concludes that the CA decision in "Crown Estate Commissioners v John Mowlem and Co Ltd" has helped to clarify the situation; the right to adjudicate at any time can be made insubstantial in contracts where clauses make specific determinations final.
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-JOINT CONTRACTS TRIBNUAL CONTRACTS
JCT WCD 1998 CL30.8
EXTENSIONS OF TIME
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S108
FINAL CERTIFICATES
CROWN ESTATE COMMISSIONERS V JOHN MOWLEM AND CO LTD
BARKING AND DAGENHAM LBC V TERRAPIN CONSTRUCTION