Hold up!
Bingham, T.
Hold up! - 2004 - Building 269(8331) 7 May 2004, 50-51(2) .
Considers the issues raised by "Buxton Building Contractors Ltd v Durand Primary School" ([2004] EWHC 733 (TCC), [2004] ALL ER (D) 87 (Apr)). Argues that it gives a useful example of the reverse ambush effect in adjudication and considers whether the defendant's claim for damages, attached to its response to a formal adjudication notice requiring payment on an interim payment on an interim certificate, was an unfair ambush. The judge was concerned that the adjudicator had failed to consider all the evidence submitted about the cross claim and rules that the adjudicator only has jurisdiction to consider the evidence in the dispute which has been referred directly to him.
BUXTON BUILDING CONTRACTORS V DURAND PRIMARY SCHOOL GOVERNORS
REVERSE AMBUSH
INTERIM CERTIFICATES
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
Hold up! - 2004 - Building 269(8331) 7 May 2004, 50-51(2) .
Considers the issues raised by "Buxton Building Contractors Ltd v Durand Primary School" ([2004] EWHC 733 (TCC), [2004] ALL ER (D) 87 (Apr)). Argues that it gives a useful example of the reverse ambush effect in adjudication and considers whether the defendant's claim for damages, attached to its response to a formal adjudication notice requiring payment on an interim payment on an interim certificate, was an unfair ambush. The judge was concerned that the adjudicator had failed to consider all the evidence submitted about the cross claim and rules that the adjudicator only has jurisdiction to consider the evidence in the dispute which has been referred directly to him.
BUXTON BUILDING CONTRACTORS V DURAND PRIMARY SCHOOL GOVERNORS
REVERSE AMBUSH
INTERIM CERTIFICATES
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION