Professional indemnity insurers have cause for concern
Knowles, R
Professional indemnity insurers have cause for concern - 2002 - Civil Engineering Surveyor October 2002, 20-21(2) .
Discusses two recent construction cases relating to adjudication. In "Gillies Ramsay Diamond v PJW Enterprises Ltd" the employer PJW Enterprises claimed that the contract administrator Gillies Ramsay Diamond had failed to exercise the level of skill expected of a competent surveyor (as covered by the Construction Act 1996) and as a result PJW incurred losses. The matter was referred to adjudication and Gillies argued that the dispute fell outside the provisions of the Construction Act. The dispute finished in the Outer House Court of Session which found in favour of PJW, but PJW still suffered loss because the dispute had not been resolved at adjudication. Also looks at "J T Mackley v Gosport Marina Ltd" in which a dispute was referred to court over the validity of a Notice to Refer. The decision went in favour of the contractor Mackley and the threat of arbitration was removed. Concludes that if a contract states that an action must be carried out within a timescale, parties must ensure that the timescale is followed.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-INSTITUTION OF CIVIL ENGINEERS CONTRACTS
GILLIES RAMSAY DIAMOND V PJW ENTERPRISES
SCHEME FOR CONSTRUCTION CONTRACTS
ARBITRATION ACT 1996
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
J T MACKLEY V GOSPORT MARINA
Professional indemnity insurers have cause for concern - 2002 - Civil Engineering Surveyor October 2002, 20-21(2) .
Discusses two recent construction cases relating to adjudication. In "Gillies Ramsay Diamond v PJW Enterprises Ltd" the employer PJW Enterprises claimed that the contract administrator Gillies Ramsay Diamond had failed to exercise the level of skill expected of a competent surveyor (as covered by the Construction Act 1996) and as a result PJW incurred losses. The matter was referred to adjudication and Gillies argued that the dispute fell outside the provisions of the Construction Act. The dispute finished in the Outer House Court of Session which found in favour of PJW, but PJW still suffered loss because the dispute had not been resolved at adjudication. Also looks at "J T Mackley v Gosport Marina Ltd" in which a dispute was referred to court over the validity of a Notice to Refer. The decision went in favour of the contractor Mackley and the threat of arbitration was removed. Concludes that if a contract states that an action must be carried out within a timescale, parties must ensure that the timescale is followed.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-INSTITUTION OF CIVIL ENGINEERS CONTRACTS
GILLIES RAMSAY DIAMOND V PJW ENTERPRISES
SCHEME FOR CONSTRUCTION CONTRACTS
ARBITRATION ACT 1996
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
J T MACKLEY V GOSPORT MARINA