Aveat Heating Ltd v Jerram Falkus Construction Ltd [electronic resource]
Aveat Heating Ltd v Jerram Falkus Construction Ltd [electronic resource]
- 2007
[2007] EWHC 131 (TCC), 1 February 2007. Considered the validity of the adjudication clauses contained within the GC/Works contracts. Claimant (A) was engaged by defendant (J) to carry out works pursuant to a contract that incorporated GC/Works sub-contract conditions. The contract contained a clause that stated the adjudicator's decision would be valid even if issued after the time allowed. A dispute arose, A referred it for adjudication and the adjudicator awarded A the value of its claim plus its costs and expenses. J submitted that the contract clause was not compliant with the Housing Grants, Construction and Regeneration Act 1996 s108(2)(c). A applied to enforce the adjudicator's decision under the 1996 Act. "Held": the adjudicator's main decision was enforced as the adjudication provisions of the Scheme for Construction Contracts (SCC) applied instead of the contract clause. However, the adjudicator's decision regarding the parties' costs was not enforced as under the SCC an adjudicator has no jurisdiction to award a party its costs or expenses.
AVEAT HEATING LTD V JERRAM FALKUS CONSTRUCTION LTD
EPPING ELECTRICAL CO LTD V BRIGGS AND FORRESTER (PLUMBING SERVICES) LTD
GC/WORKS SUBCONTRACT
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S108
SCHEME FOR CONSTRUCTION CONTRACTS
England and Wales--1543-
[2007] EWHC 131 (TCC), 1 February 2007. Considered the validity of the adjudication clauses contained within the GC/Works contracts. Claimant (A) was engaged by defendant (J) to carry out works pursuant to a contract that incorporated GC/Works sub-contract conditions. The contract contained a clause that stated the adjudicator's decision would be valid even if issued after the time allowed. A dispute arose, A referred it for adjudication and the adjudicator awarded A the value of its claim plus its costs and expenses. J submitted that the contract clause was not compliant with the Housing Grants, Construction and Regeneration Act 1996 s108(2)(c). A applied to enforce the adjudicator's decision under the 1996 Act. "Held": the adjudicator's main decision was enforced as the adjudication provisions of the Scheme for Construction Contracts (SCC) applied instead of the contract clause. However, the adjudicator's decision regarding the parties' costs was not enforced as under the SCC an adjudicator has no jurisdiction to award a party its costs or expenses.
AVEAT HEATING LTD V JERRAM FALKUS CONSTRUCTION LTD
EPPING ELECTRICAL CO LTD V BRIGGS AND FORRESTER (PLUMBING SERVICES) LTD
GC/WORKS SUBCONTRACT
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S108
SCHEME FOR CONSTRUCTION CONTRACTS
England and Wales--1543-