Watch the small print
Bingham, T
Watch the small print - 2001 - Building 266(8206) 19 October 2001, 56-57(2) .
Highlights the relevance of a footnote in JCT 98 which states that a dispute that escalates into arbitration or litigation should be treated as if no adjudication took place. This statement is examined with reference to the case, "City Inn Ltd v Shepherd Construction Ltd" which found that the footnote in JCT 98 was a correct statement of the law and the adjudicator's decision does not affect the burden of proof in any legal action that may follow.
EXTENSION OF TIME
JCT STANDARD FORM OF BUILDING CONTRACT (1998 EDITION)
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-JOINT CONTRACTS TRIBNUAL CONTRACTS
CONSTRUCTION DISPUTES
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
CITY INN LTD V SHEPHERD CONSTRUCTION LTD
LITIGATION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
Watch the small print - 2001 - Building 266(8206) 19 October 2001, 56-57(2) .
Highlights the relevance of a footnote in JCT 98 which states that a dispute that escalates into arbitration or litigation should be treated as if no adjudication took place. This statement is examined with reference to the case, "City Inn Ltd v Shepherd Construction Ltd" which found that the footnote in JCT 98 was a correct statement of the law and the adjudicator's decision does not affect the burden of proof in any legal action that may follow.
EXTENSION OF TIME
JCT STANDARD FORM OF BUILDING CONTRACT (1998 EDITION)
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-JOINT CONTRACTS TRIBNUAL CONTRACTS
CONSTRUCTION DISPUTES
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
CITY INN LTD V SHEPHERD CONSTRUCTION LTD
LITIGATION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION