Freezing points
Bingham, T.
Freezing points - 2003 - Building 268 (8265) 24 January 2003, 47(1) Contract Journal 417(6415) 26 February 2003, 27(1) Construction Industry Law Letter March 2003, 1949-1951(3) .
Considers the important issues raised in "Baldwins Industrial Services v Barr Ltd". Baldwins called in the adjudicator when Barr refused to pay £150 000 to repair a jiggered crane. Baldwins went into receivership just before enforcement proceedings were heard. Discusses the scope a court has to order an adjudicator's award to a firm in financial difficulties to be paid into court. This is the first case where a court has pronounced on whether a plant-hire contract is a construction contract, as defined in the Housing Grants, Construction and Regeneartion Act 1996. Also considers the willingness of judges to order that money be paid into court so defeating the adjudicator's decision. The case is going to CA. View judgment at www.bailli.org.
BALDWINS INDUSTRIAL SERVICES PLC V BARR LTD
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATORS
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S105
CONSTRUCTION DISPUTES
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
Freezing points - 2003 - Building 268 (8265) 24 January 2003, 47(1) Contract Journal 417(6415) 26 February 2003, 27(1) Construction Industry Law Letter March 2003, 1949-1951(3) .
Considers the important issues raised in "Baldwins Industrial Services v Barr Ltd". Baldwins called in the adjudicator when Barr refused to pay £150 000 to repair a jiggered crane. Baldwins went into receivership just before enforcement proceedings were heard. Discusses the scope a court has to order an adjudicator's award to a firm in financial difficulties to be paid into court. This is the first case where a court has pronounced on whether a plant-hire contract is a construction contract, as defined in the Housing Grants, Construction and Regeneartion Act 1996. Also considers the willingness of judges to order that money be paid into court so defeating the adjudicator's decision. The case is going to CA. View judgment at www.bailli.org.
BALDWINS INDUSTRIAL SERVICES PLC V BARR LTD
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATORS
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S105
CONSTRUCTION DISPUTES
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS