Epping Electrical Co Ltd v Briggs and Forrester (Plumbing Services) Ltd [electronic resource]
Epping Electrical Co Ltd v Briggs and Forrester (Plumbing Services) Ltd [electronic resource]
- 2007
[2007] EWHC 4 (TCC), 19 January 2007. Considered whether an adjudicator's decision had been made out of time. Applicant (E) was sub-sub-contractor to respondent (B), the mechanical and electrical sub-contractor for a residential development. A dispute between the parties was referred to adjudication. An initial request by adjudicator (G) to extend the time to make his decision was consented by E, and a further seven day extension was consented by B. G completed his decision on the last day of that period, but refused to send it to the parties until he was paid, and released his decision two days later. B submitted that the decision was made out of time and G therefore had no jurisdiction to make it. E applied for summary judgment to enforce the adjudicator's decisions. "Held": application refused. Consent to an extension for time for G to reach his decision was conditional on the decision being issued by a particular date; when this had not happened there was no valid extension of time and G's decision given out of time was unenforceable.
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S108
EPPING ELECTRICAL CO LTD V BRIGGS AND FORRESTER (PLUMBING SERVICES) LTD
England and Wales--1543-
[2007] EWHC 4 (TCC), 19 January 2007. Considered whether an adjudicator's decision had been made out of time. Applicant (E) was sub-sub-contractor to respondent (B), the mechanical and electrical sub-contractor for a residential development. A dispute between the parties was referred to adjudication. An initial request by adjudicator (G) to extend the time to make his decision was consented by E, and a further seven day extension was consented by B. G completed his decision on the last day of that period, but refused to send it to the parties until he was paid, and released his decision two days later. B submitted that the decision was made out of time and G therefore had no jurisdiction to make it. E applied for summary judgment to enforce the adjudicator's decisions. "Held": application refused. Consent to an extension for time for G to reach his decision was conditional on the decision being issued by a particular date; when this had not happened there was no valid extension of time and G's decision given out of time was unenforceable.
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S108
EPPING ELECTRICAL CO LTD V BRIGGS AND FORRESTER (PLUMBING SERVICES) LTD
England and Wales--1543-