No more surprised parties
Bingham, T
No more surprised parties - 2002 - Building 267(8250) 13 September 2002, 56-57(2) .
Looks at "Construction Centre Group v Highland Council" (X12136) where the defendant council tried to set off liquidated damages against the amount decided by the adjudicator as due to the contractor and was made to pay up in full. Pre-adjudication is the time for setting the agenda for the dispute, not during the 28 days adjudication period. Adjudication requires the referring party to present both sides of the dispute and if this does not happen the respondent can object but cannot bring up new arguments at enforcement.
CONSTRUCTION DISPUTES
CONSTRUCTION CENTRE GROUP LTD V HIGHLAND COUNCIL
LIQUIDATED DAMAGES
ENFORCEMENT
WITHHOLDING NOTICES
No more surprised parties - 2002 - Building 267(8250) 13 September 2002, 56-57(2) .
Looks at "Construction Centre Group v Highland Council" (X12136) where the defendant council tried to set off liquidated damages against the amount decided by the adjudicator as due to the contractor and was made to pay up in full. Pre-adjudication is the time for setting the agenda for the dispute, not during the 28 days adjudication period. Adjudication requires the referring party to present both sides of the dispute and if this does not happen the respondent can object but cannot bring up new arguments at enforcement.
CONSTRUCTION DISPUTES
CONSTRUCTION CENTRE GROUP LTD V HIGHLAND COUNCIL
LIQUIDATED DAMAGES
ENFORCEMENT
WITHHOLDING NOTICES