Enforcement in part
Brewer, G.
Enforcement in part - 2003 - Contract Journal 418(6422)16 April 2003, 59(1) Civil Engineering Surveyor May 2003, 34(1) .
Looks at the recent case "R Durtnell and Sons Ltd v Kaduma Ltd" ([2003] EWHC 517 (TCC); [2003] TCLR 7), which raised the issue of whether an adjudicator's decision can be enforced in part with the remaining parts set aside. Kaduna (K) had engaged Durtnell (D) to undertake property works where the contract sum had risen by almost 100% and been delayed by six months. D sought declarations with regards extensions of time and practical completion. D also made claims for additional money in respect of the valuation of the works, loss and expense and the replacement of liquidated and ascertained damages. Concludes that where matters referred to adjudication comprise a number of distinct disputes, the court may order enforcement of parts of the decision. View judgment at www.bailii.org.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
R DURTNELL AND SONS LTD V KADUNA LTD
LIQUIDATED DAMAGES
ASCERTAINED DAMAGES
PRACTICAL COMPLETION
EXTENSIONS OF TIME
Enforcement in part - 2003 - Contract Journal 418(6422)16 April 2003, 59(1) Civil Engineering Surveyor May 2003, 34(1) .
Looks at the recent case "R Durtnell and Sons Ltd v Kaduma Ltd" ([2003] EWHC 517 (TCC); [2003] TCLR 7), which raised the issue of whether an adjudicator's decision can be enforced in part with the remaining parts set aside. Kaduna (K) had engaged Durtnell (D) to undertake property works where the contract sum had risen by almost 100% and been delayed by six months. D sought declarations with regards extensions of time and practical completion. D also made claims for additional money in respect of the valuation of the works, loss and expense and the replacement of liquidated and ascertained damages. Concludes that where matters referred to adjudication comprise a number of distinct disputes, the court may order enforcement of parts of the decision. View judgment at www.bailii.org.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
R DURTNELL AND SONS LTD V KADUNA LTD
LIQUIDATED DAMAGES
ASCERTAINED DAMAGES
PRACTICAL COMPLETION
EXTENSIONS OF TIME