You'll pay for this
Bingham, T.
You'll pay for this - 2001 - Building (8214) 14 December 2001, 39(1) .
Considers two cases relating to adjudication. Argues that there are problems with the Construction Act 1996 as it does not provide for a statutory right for the adjudicator to hold on to his decision until his fee is paid. In Stubbs Rich Architects v WH Tolly & Son Ltd, the judge decided that a first court was wrong to compare work of a solicitor with that of an adjudicator. Further, in Paul Jenson v Straveley Industries PLC, Mr Jenson, the adjudicator sued the company that refused to pay his fees. The judge decided it was not the business of the court to decide whether an adjudicator was right or wrong.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATORS
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
STUBBS RICH ARCHITECTS V WH TOLLY & SON LTD
PAUL JENSON V STAVELEY
FEES REGULATION
DISPUTE RESOLUTION
You'll pay for this - 2001 - Building (8214) 14 December 2001, 39(1) .
Considers two cases relating to adjudication. Argues that there are problems with the Construction Act 1996 as it does not provide for a statutory right for the adjudicator to hold on to his decision until his fee is paid. In Stubbs Rich Architects v WH Tolly & Son Ltd, the judge decided that a first court was wrong to compare work of a solicitor with that of an adjudicator. Further, in Paul Jenson v Straveley Industries PLC, Mr Jenson, the adjudicator sued the company that refused to pay his fees. The judge decided it was not the business of the court to decide whether an adjudicator was right or wrong.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATORS
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
STUBBS RICH ARCHITECTS V WH TOLLY & SON LTD
PAUL JENSON V STAVELEY
FEES REGULATION
DISPUTE RESOLUTION