The case law moves on apace
Atkinson, D
The case law moves on apace - 2002 - Construction News (6761) 11 April 2002, 26(1) .
Examines recent case of "Total M&E Services v ABB Building Technologies" which dealt with issues of costs and set-off. Ruled that costs of adjudication cannot be recovered as damages for breach of contract in subsequent court proceedings. Issue of set-off costs was unclear, as although adjudicators decision to reject defendants application for set-off was upheld, claimant was ordered to pay into court set-off amount pending resolution.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
TOTAL M&E SERVICES V ABB BUILDING TECHNOLOGIES
COSTS
SET-OFF
The case law moves on apace - 2002 - Construction News (6761) 11 April 2002, 26(1) .
Examines recent case of "Total M&E Services v ABB Building Technologies" which dealt with issues of costs and set-off. Ruled that costs of adjudication cannot be recovered as damages for breach of contract in subsequent court proceedings. Issue of set-off costs was unclear, as although adjudicators decision to reject defendants application for set-off was upheld, claimant was ordered to pay into court set-off amount pending resolution.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
TOTAL M&E SERVICES V ABB BUILDING TECHNOLOGIES
COSTS
SET-OFF