Adjudicator's jurisdiction: a case of no contract, no dispute
Franklin, K.
Adjudicator's jurisdiction: a case of no contract, no dispute - 2003 - Architects' Journal 217(6) 13 February 2003, 40(1) .
Considers "Carillion Construction v Devonport Royal Dockyard" (2002). Carillion (C) relied upon an oral agreement varying the terms of the written contract but, following the CA ruling that all the terms and not just the existence of a contract should be evident in writing in "RJT Consulting Engineering Ltd v DM Engineering (NI) Ltd" (CA X118297) (see also Abs66002, Abs65216, Abs65501and Abs64362), it was held that this did not form a contract in writing under Housing Grants, Construction and Regeneration Act 1996 s107. It was also ruled that there was no dispute to refer to adjudication as C failed to provide the clarification of its claim requested by the defendant's management company.
-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATORS-ADJUDICATORS' JURISDICTION
CARILLION CONSTRUCTION LTD V DEVONPORT ROYAL DOCKYARD LTD
CONSTRUCTION DISPUTES
CONTRACTS IN WRITING
ELLERINE V KLINGER
R J T CONSULTING ENGINEERS LTD V D M ENGINEERING (NI) LTD
GROVEDECK LTD V CAPITAL DEMOLITION LTD
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S107
NO CONTRACTS IN WRITING
ORAL CONTRACTS
TRADAX INTERNATIONAL V CERRAHOQULLARI
Adjudicator's jurisdiction: a case of no contract, no dispute - 2003 - Architects' Journal 217(6) 13 February 2003, 40(1) .
Considers "Carillion Construction v Devonport Royal Dockyard" (2002). Carillion (C) relied upon an oral agreement varying the terms of the written contract but, following the CA ruling that all the terms and not just the existence of a contract should be evident in writing in "RJT Consulting Engineering Ltd v DM Engineering (NI) Ltd" (CA X118297) (see also Abs66002, Abs65216, Abs65501and Abs64362), it was held that this did not form a contract in writing under Housing Grants, Construction and Regeneration Act 1996 s107. It was also ruled that there was no dispute to refer to adjudication as C failed to provide the clarification of its claim requested by the defendant's management company.
-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATORS-ADJUDICATORS' JURISDICTION
CARILLION CONSTRUCTION LTD V DEVONPORT ROYAL DOCKYARD LTD
CONSTRUCTION DISPUTES
CONTRACTS IN WRITING
ELLERINE V KLINGER
R J T CONSULTING ENGINEERS LTD V D M ENGINEERING (NI) LTD
GROVEDECK LTD V CAPITAL DEMOLITION LTD
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S107
NO CONTRACTS IN WRITING
ORAL CONTRACTS
TRADAX INTERNATIONAL V CERRAHOQULLARI