The meaning of dispute

Brewer, G.

The meaning of dispute - 2003 - Contract Journal 417(6417) 12 March 2003, 23(1) Construction News (6826) 24 July 2003, 28(1) .

The Housing Grants, Construction and Regeneration Act 1996 s108(1) allows any party to a construction contract to refer a dispute arising under the contract to adjudication. The article discusses a number of leading cases which aim to establish what constitutes a disputes including "Cowlin Construction v CFW Architects" [2002] EWHC 2914 (TCC), "Fastrack Contractors v Morrison Construction" (QBD [2001] 75 Con LR 33), "Sindall Ltd v Solland" (QBD [2002] 80 Con LR 152) "Edmund Nuttall v R G Carter" (TCC Abs65503) and "Halki Shipping Corporation v Sopex Oils"(CA X91568, X88910). Concludes that the referring party in adjudication should ensure that matters raised with the opposing party should be given appropriate time for consideration before referring them to adjudication.


COWLIN CONSTRUCTION LTD V C F W ARCHITECTS
DISPUTE
HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996 S108(1)
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
CRUDEN CONSTRUCTION LTD V NEW TOWNS COMMISSION
FASTRACK CONTRACTORS V MORRISON CONSTRUCTION
SINDALL LTD V SOLLAND
EDMUND NUTTALL LTD V R G CARTER LTD
HALKI SHIPPING CORPORATION V SOPEX OILS LTD