Nomination procedures
Brewer, Geoff
Nomination procedures - 2005 - Contract Journal 430(6546) 12 October 2005, 24(1) .
Discusses the case of "Palmac Contracting Ltd v Park Lane Estates Ltd" ([2005] EWHC 919 (TCC), L129768) in which Park Lane argued that an adjudicator lacked jurisdiction because Palmac had applied to the RICS for his nomination before notice of adjudication had been served, contrary to the terms of the contract between the parties. The court looked at the provisions for adjudication in the contract, which referred to JCT WCD 98 cl39A, which provides that the application for nomination and appointment of an adjudicator may precede serving of a notice of adjudication. Palmac's argument that the clause merely sets out a procedure for the appointment of an adjudicator was accepted. The clause does not stipulate that notice of adjudication must precede an application for nomination. In contrast, the provisions of the Scheme for Construction Contracts (England and Wales) Regulations 1998, expressly provide for notice to be served before application for appointment.
PALMAC CONTRACTING LTD V PARK LANE ESTATES LTD
I D E CONTRACTING LTD V R G CARTER CAMBRIDGE LTD
JCT STANDARD FORM OF BUILDING CONTRACT WITH CONTRACTORS DESIGN (1998 EDITION)
Nomination procedures - 2005 - Contract Journal 430(6546) 12 October 2005, 24(1) .
Discusses the case of "Palmac Contracting Ltd v Park Lane Estates Ltd" ([2005] EWHC 919 (TCC), L129768) in which Park Lane argued that an adjudicator lacked jurisdiction because Palmac had applied to the RICS for his nomination before notice of adjudication had been served, contrary to the terms of the contract between the parties. The court looked at the provisions for adjudication in the contract, which referred to JCT WCD 98 cl39A, which provides that the application for nomination and appointment of an adjudicator may precede serving of a notice of adjudication. Palmac's argument that the clause merely sets out a procedure for the appointment of an adjudicator was accepted. The clause does not stipulate that notice of adjudication must precede an application for nomination. In contrast, the provisions of the Scheme for Construction Contracts (England and Wales) Regulations 1998, expressly provide for notice to be served before application for appointment.
PALMAC CONTRACTING LTD V PARK LANE ESTATES LTD
I D E CONTRACTING LTD V R G CARTER CAMBRIDGE LTD
JCT STANDARD FORM OF BUILDING CONTRACT WITH CONTRACTORS DESIGN (1998 EDITION)