Adjudicator's decision held despite errors
Cottam, G.
Adjudicator's decision held despite errors - 2002 - Construction News (6755) 28 February 2002, 12(1) .
Examines how recent cases, "Bouygues v Dahl-Jensen" and "C & B Scene Concept Design v Isobars"have questioned the extent of an adjudicator's jurisdiction. Highlights that the parts of adjudicator's decision which are within jurisdiction will ordinarily be enforced, and that he has to decide,as a matter of law, the extent of the matters referred to him. Adds that the existence of a construction contract is a matter for the courts.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
BOUYGUES UK LTD V DAHL-JENSEN UK LTD
JCT STANDARD FORM OF BUILDING CONTRACT 1998
C & B SCENE CONCEPT DESIGN LTD V ISOBARS LTD
SHERWOOD AND CASSON LTD V MACKENZIE ENGINEERING LTD
NORTHERN DEVELOPMENTS (CUMBRIA) LTD V J & J NICHOL
Adjudicator's decision held despite errors - 2002 - Construction News (6755) 28 February 2002, 12(1) .
Examines how recent cases, "Bouygues v Dahl-Jensen" and "C & B Scene Concept Design v Isobars"have questioned the extent of an adjudicator's jurisdiction. Highlights that the parts of adjudicator's decision which are within jurisdiction will ordinarily be enforced, and that he has to decide,as a matter of law, the extent of the matters referred to him. Adds that the existence of a construction contract is a matter for the courts.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
BOUYGUES UK LTD V DAHL-JENSEN UK LTD
JCT STANDARD FORM OF BUILDING CONTRACT 1998
C & B SCENE CONCEPT DESIGN LTD V ISOBARS LTD
SHERWOOD AND CASSON LTD V MACKENZIE ENGINEERING LTD
NORTHERN DEVELOPMENTS (CUMBRIA) LTD V J & J NICHOL