Mr Jackson's justice
Yule, Ian
Mr Jackson's justice - 2006 - Building 270(8414) 20 January 2006, 60(1) .
Looks at the implications of the decision in Midland Expressway Ltd v Carillion Construction Ltd and others ([2005] EWHC 2963 (TCC), L132321), where it was decided that the rights of a building contractor in a PFI contract to go to adjudication and to be paid, are statutory rights that cannot be made conditional upon similar rights that the project company has under the project agreement. "Pay when paid" clauses, or those postponing adjudication, which it was argued are a commercial necessity, were effectively declared unlawful and in breach of the fundamental rights of contractors.
MIDLAND EXPRESSWAY LTD V CARILLION CONSTRUCTION LTD AND OTHERS
PRIVATE FINANCE INITIATIVE
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
Mr Jackson's justice - 2006 - Building 270(8414) 20 January 2006, 60(1) .
Looks at the implications of the decision in Midland Expressway Ltd v Carillion Construction Ltd and others ([2005] EWHC 2963 (TCC), L132321), where it was decided that the rights of a building contractor in a PFI contract to go to adjudication and to be paid, are statutory rights that cannot be made conditional upon similar rights that the project company has under the project agreement. "Pay when paid" clauses, or those postponing adjudication, which it was argued are a commercial necessity, were effectively declared unlawful and in breach of the fundamental rights of contractors.
MIDLAND EXPRESSWAY LTD V CARILLION CONSTRUCTION LTD AND OTHERS
PRIVATE FINANCE INITIATIVE
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996