Ferson Contractors Ltd v Levolux AT Ltd
Ferson Contractors Ltd v Levolux AT Ltd
- 2003
- Estates Gazette (2003) 05 EG 145 (CS) (1) Building Law Reports [2003] 3 BLR 118-124(7)) .
[2002] EWCA Civ 11 22 January [2003]. Appellant contractor (F) engaged respondent (L) as a subcontractor to supply and fit panelling. Subcontractor incorporated the conditions in standard GC/Works/Subcontract. Interim disputes were to be solved with reference to an adjudicator as stated in the Housing Grants, Construction and Regeneration Act 1996 s108. L stopped work after a dispute arose over repayment; eventually the adjudicator determined the dispute and made an award to L but F failed to pay and L brought court proceedings. F appealed. L argued that an adjudicator's decision was binding and enforceable pending final resolution of the dispute by arbitration or litigation. Appeal dismissed. View judgment on Court Service website at www.courtservice.gov.uk.
FERSON CONTRACTORS LTD V LEVOLUX AT LTD
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
ENFORCEMENT
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
SUBCONTRACTORS
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-GC/WORKS CONTRACTS
BOVIS LEND LEASE V TRIANGLE DEVELOPMENTS LTD
[2002] EWCA Civ 11 22 January [2003]. Appellant contractor (F) engaged respondent (L) as a subcontractor to supply and fit panelling. Subcontractor incorporated the conditions in standard GC/Works/Subcontract. Interim disputes were to be solved with reference to an adjudicator as stated in the Housing Grants, Construction and Regeneration Act 1996 s108. L stopped work after a dispute arose over repayment; eventually the adjudicator determined the dispute and made an award to L but F failed to pay and L brought court proceedings. F appealed. L argued that an adjudicator's decision was binding and enforceable pending final resolution of the dispute by arbitration or litigation. Appeal dismissed. View judgment on Court Service website at www.courtservice.gov.uk.
FERSON CONTRACTORS LTD V LEVOLUX AT LTD
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
ENFORCEMENT
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
SUBCONTRACTORS
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-GC/WORKS CONTRACTS
BOVIS LEND LEASE V TRIANGLE DEVELOPMENTS LTD