Ballast plc v The Burrell Company (Construction Management) Ltd
Ballast plc v The Burrell Company (Construction Management) Ltd
- 2003
SIH 17 December 2002. An adjudicator had erred in law by failing to determine a dispute between the parties arising out of a Standard JCT MC 1998. The adjudicator had been asked to determine the dispute in the notice of dispute, however he had considered that his powers were limited to considering the strict contractual terms between the parties. He was obliged to consider the 'whole dispute' and had failed to do so, and had therefore misconstrued what he was being asked to do. Adjudication held to be null and void. See also (SOH WB3738-01). View judgment at http://www.scotcourts.gov.uk
BALLAST PLC V THE BURRELL COMPANY (CONSTRUCTION MANAGEMENT) LTD
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S108
SCHEME FOR CONSTRUCTION CONTRACTS (SCOTLAND) REGULATIONS 1998
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
NOTICE OF DISPUTE
SIH 17 December 2002. An adjudicator had erred in law by failing to determine a dispute between the parties arising out of a Standard JCT MC 1998. The adjudicator had been asked to determine the dispute in the notice of dispute, however he had considered that his powers were limited to considering the strict contractual terms between the parties. He was obliged to consider the 'whole dispute' and had failed to do so, and had therefore misconstrued what he was being asked to do. Adjudication held to be null and void. See also (SOH WB3738-01). View judgment at http://www.scotcourts.gov.uk
BALLAST PLC V THE BURRELL COMPANY (CONSTRUCTION MANAGEMENT) LTD
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S108
SCHEME FOR CONSTRUCTION CONTRACTS (SCOTLAND) REGULATIONS 1998
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
NOTICE OF DISPUTE