Construction Act review
Sheridan, P.
Construction Act review - 2003 - Construction Law Journal 19(4) 2003, 193-199(7) .
Considers recent case law dealing with the enforcement of adjudicators' decisions and competing contractual obligations. In "K N S Industrial Services (Birmingham) Ltd v Sindall Ltd" ([2000] EWHC 75 (TCC), [2001] 17 Const LJ 170) was not enforceable where 'without prejudice to other rights' wording of the JCT standard forms was present. "Bovis Lend Lease Ltd v Triangle Development Ltd" (TCC, [2003] BLR 31-47) decision that a contractual obligation to comply with an adjudicator's decisions could be over-ridden by another contractual term was rejected in "Ferson Contractors Ltd v Levolux AT"([2003] EWCA Civ 11, Abs66318). Concludes that Levolux enforced the principle that an adjudicator's decision is binding and the courts will enforce it over any other conflicting contractual terms (for part one see Abs66799). View "K N S" and "Ferson" judgments at www.bailii.org.
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
K N S INDUSTRIAL SERVICES (BIRMINGHAM) LTD V SINDALL LTD
BOVIS LEND LEASE V TRIANGLE DEVELOPMENTS LTD
FERSON CONTRACTORS LTD V LEVOLUX AT LTD
Construction Act review - 2003 - Construction Law Journal 19(4) 2003, 193-199(7) .
Considers recent case law dealing with the enforcement of adjudicators' decisions and competing contractual obligations. In "K N S Industrial Services (Birmingham) Ltd v Sindall Ltd" ([2000] EWHC 75 (TCC), [2001] 17 Const LJ 170) was not enforceable where 'without prejudice to other rights' wording of the JCT standard forms was present. "Bovis Lend Lease Ltd v Triangle Development Ltd" (TCC, [2003] BLR 31-47) decision that a contractual obligation to comply with an adjudicator's decisions could be over-ridden by another contractual term was rejected in "Ferson Contractors Ltd v Levolux AT"([2003] EWCA Civ 11, Abs66318). Concludes that Levolux enforced the principle that an adjudicator's decision is binding and the courts will enforce it over any other conflicting contractual terms (for part one see Abs66799). View "K N S" and "Ferson" judgments at www.bailii.org.
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
K N S INDUSTRIAL SERVICES (BIRMINGHAM) LTD V SINDALL LTD
BOVIS LEND LEASE V TRIANGLE DEVELOPMENTS LTD
FERSON CONTRACTORS LTD V LEVOLUX AT LTD