Adjudicator's enforcement
Brewer, G
Adjudicator's enforcement - 2001 - Contract Journal 410(6340) 15 August 2001, 20(1) .
Examines the issue raised in "C & B Scene Concept Design Ltd v Isobars Ltd", TCC 20 June 2001, regarding whether an adjudicator's perceived error can be categorised as an exess of jurisdition. C & B had to apply for adjudication over its entitlement to three interim payments for which Isobars had not given any notice for payment or withholding. The adjudicator held the interim payments should be made under clause 30.3.5 of the JCT Design and Build form but Isobars argued that the adjudicator should not have relied on this clause, therefore his decision was invalid. This was supported by QC Moxon Browne and implies that the courts may be developing a more interventionist approach to the processes for enforcement of adjudicator's decisions by characterising adjudicator's errors as matters of adjudication.
C & B SCENE CONCEPT DESIGN LTD V ISOBARS LTD
SL TIMBER SYSTEMS LTD V CARILLION CONSTRUCTION LTD
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
ENFORCEMENT
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
ADJUDICATION PROCEDURE
Adjudicator's enforcement - 2001 - Contract Journal 410(6340) 15 August 2001, 20(1) .
Examines the issue raised in "C & B Scene Concept Design Ltd v Isobars Ltd", TCC 20 June 2001, regarding whether an adjudicator's perceived error can be categorised as an exess of jurisdition. C & B had to apply for adjudication over its entitlement to three interim payments for which Isobars had not given any notice for payment or withholding. The adjudicator held the interim payments should be made under clause 30.3.5 of the JCT Design and Build form but Isobars argued that the adjudicator should not have relied on this clause, therefore his decision was invalid. This was supported by QC Moxon Browne and implies that the courts may be developing a more interventionist approach to the processes for enforcement of adjudicator's decisions by characterising adjudicator's errors as matters of adjudication.
C & B SCENE CONCEPT DESIGN LTD V ISOBARS LTD
SL TIMBER SYSTEMS LTD V CARILLION CONSTRUCTION LTD
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
ENFORCEMENT
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
ADJUDICATION PROCEDURE