A shot over the bows
Pemble, Stuart
A shot over the bows - 2005 - Estates Gazette (0514) 9 April 2005 123(1) .
Examines recent CA rulings on the adjudication and payment provisions of the Housing Grants, Construction and Regeneration Act 1996 Part II. Supporters of adjudication will welcome the decisions in "AMEC Capital Projects Ltd v Whitefriars City Estates Ltd" ([2004] EWCA Civ 1418, [2005] 1 ALL ER 723) and "Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd" ([2004] EWCA Civ 1757, [2005] BLR 63) as they limit the ability of an unsuccessful party to question the adjudicators jurisdiction. Adjudicators are also not obliged to consider jurisdictional challenges, although when time permits adjudicators are advised to allow parties to make jurisdiction submissions.
AMEC CAPITAL PROJECTS LTD V WHITEFRIARS CITY ESTATES LTD
COLLINS (CONTRACTORS) LTD V BALTIC QUAY MANAGEMENT (1994) LTD
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 PART II
A shot over the bows - 2005 - Estates Gazette (0514) 9 April 2005 123(1) .
Examines recent CA rulings on the adjudication and payment provisions of the Housing Grants, Construction and Regeneration Act 1996 Part II. Supporters of adjudication will welcome the decisions in "AMEC Capital Projects Ltd v Whitefriars City Estates Ltd" ([2004] EWCA Civ 1418, [2005] 1 ALL ER 723) and "Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd" ([2004] EWCA Civ 1757, [2005] BLR 63) as they limit the ability of an unsuccessful party to question the adjudicators jurisdiction. Adjudicators are also not obliged to consider jurisdictional challenges, although when time permits adjudicators are advised to allow parties to make jurisdiction submissions.
AMEC CAPITAL PROJECTS LTD V WHITEFRIARS CITY ESTATES LTD
COLLINS (CONTRACTORS) LTD V BALTIC QUAY MANAGEMENT (1994) LTD
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 PART II