Fenice Investments Inc v Jerram Falkus Construction Ltd [electronic resource]
Fenice Investments Inc v Jerram Falkus Construction Ltd [electronic resource]
- 2009
[2009] EWHC 3272 (TCC), 7 December 2009. The issues between the parties can be summarised as follows: what is the proper construction of the interim payment provisions in the contract? do those provisions comply with the Housing Grants (Construction & Regeneration) Act 1996 ("the Act")? what is the proper course to be adopted by a party who has been required to pay a sum of money by an adjudicator but who has a bona fide point of law to raise in connection with that decision? Held: the conflict between s.15 of the Requirements and clause 4.10 of the Conditions was fundamental which led to an unworkable set of contract provisions.
FENICE V JERRAM FALKUS
England and Wales--1543-
[2009] EWHC 3272 (TCC), 7 December 2009. The issues between the parties can be summarised as follows: what is the proper construction of the interim payment provisions in the contract? do those provisions comply with the Housing Grants (Construction & Regeneration) Act 1996 ("the Act")? what is the proper course to be adopted by a party who has been required to pay a sum of money by an adjudicator but who has a bona fide point of law to raise in connection with that decision? Held: the conflict between s.15 of the Requirements and clause 4.10 of the Conditions was fundamental which led to an unworkable set of contract provisions.
FENICE V JERRAM FALKUS
England and Wales--1543-