Total M&E Services Ltd v ABB Building Technologies Ltd
Total M&E Services Ltd v ABB Building Technologies Ltd
- 2002
- Construction Industry Law Letter [2002] CILL 1857-1861(5) .
TCC 26 February 2002. A refused to comply with an adjudicator's decision awarding T payment for additional work carried out on the basis that the oral instructions given for additional works were in fact new collateral contracts and therefore outside the adjudicator's jurisdiction. "Held": the adjudicator did have jurisdiction under Housing Grants, Construction and Regeneration Act 1996 s107(3); the costs of adjudication were not recoverable as damages; there was no need for the implication of a term into the contract that Total should provide a final account in a reasonable time; there was no need for a stay of execution of summary judgement as there was no compelling and uncontradicted evidence that T would not pay.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
TOTAL M&E SERVICES LTD V ABB BUILDING TECHNOLOGIES LTD
COSTS
SET-OFF
HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996
TCC 26 February 2002. A refused to comply with an adjudicator's decision awarding T payment for additional work carried out on the basis that the oral instructions given for additional works were in fact new collateral contracts and therefore outside the adjudicator's jurisdiction. "Held": the adjudicator did have jurisdiction under Housing Grants, Construction and Regeneration Act 1996 s107(3); the costs of adjudication were not recoverable as damages; there was no need for the implication of a term into the contract that Total should provide a final account in a reasonable time; there was no need for a stay of execution of summary judgement as there was no compelling and uncontradicted evidence that T would not pay.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
TOTAL M&E SERVICES LTD V ABB BUILDING TECHNOLOGIES LTD
COSTS
SET-OFF
HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996