Construction Act review
Gould, Nicholas
Construction Act review - 2005 - Construction Law Journal 21(6) 2005, 435-455(21) .
Reviews the case law surrounding the status of an adjudicator's decision and whether it creates a cause of action in its own right. Concludes that, although only temporary, the decision is binding and surpasses all other contract terms, except where a withholding notice with a similar effect to that in "Shimizu Europe Ltd v LBJ Fabrications Ltd" ([2003] EWHC 1229 (TCC), [2003] BLR 381) is provided for. The decision is subordinate only to an arbitrator's final award or the judgment of the court.
SHIMIZU EUROPE LTD V L B J FABRICATIONS LTD
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
England and Wales--1543-
Construction Act review - 2005 - Construction Law Journal 21(6) 2005, 435-455(21) .
Reviews the case law surrounding the status of an adjudicator's decision and whether it creates a cause of action in its own right. Concludes that, although only temporary, the decision is binding and surpasses all other contract terms, except where a withholding notice with a similar effect to that in "Shimizu Europe Ltd v LBJ Fabrications Ltd" ([2003] EWHC 1229 (TCC), [2003] BLR 381) is provided for. The decision is subordinate only to an arbitrator's final award or the judgment of the court.
SHIMIZU EUROPE LTD V L B J FABRICATIONS LTD
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
England and Wales--1543-