Avoncroft Construction Ltd v Sharba Homes (CN) Ltd [electronic resource]
Avoncroft Construction Ltd v Sharba Homes (CN) Ltd [electronic resource]
- 2008
[2008] EWHC 933 (TCC). Normally, a valid adjudicator's decision must be complied with. There is not usually any entitlement to withhold liquidated damages. The defendant resisted the application for enforcement of an adjudicators decision on the ground that it was entitled to set off LADs (liquidation damages clauses) against the sum awarded. Alternatively, the defendant sought a stay of execution, or an order that the money be paid into court and not distributed until the outcome of a second adjudication. The main issue was the withholding of liquidated damages from a sum directed to be paid by an adjudicator. Held: applications both rejected.
AVONCROFT CONSTRUCTION LTD V SHARBA HOMES (CN) LTD
ARBITRATION ACT 1996
England and Wales--1543-
[2008] EWHC 933 (TCC). Normally, a valid adjudicator's decision must be complied with. There is not usually any entitlement to withhold liquidated damages. The defendant resisted the application for enforcement of an adjudicators decision on the ground that it was entitled to set off LADs (liquidation damages clauses) against the sum awarded. Alternatively, the defendant sought a stay of execution, or an order that the money be paid into court and not distributed until the outcome of a second adjudication. The main issue was the withholding of liquidated damages from a sum directed to be paid by an adjudicator. Held: applications both rejected.
AVONCROFT CONSTRUCTION LTD V SHARBA HOMES (CN) LTD
ARBITRATION ACT 1996
England and Wales--1543-