Tracy Bennett v FMK Construction (Record no. 75624)

MARC details
000 -LEADER
fixed length control field 02146cab a2200181 4500
001 - CONTROL NUMBER
control field L130445
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 050728n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u130445
041 ## - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 ## - TITLE STATEMENT
Title Tracy Bennett v FMK Construction
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWHC 1268 (TCC), 17 June 2005, regarding an application under Part 8 of the Civil Procedure Rules for declarations as to the construction and effect of terms of a contract. Discusses the issue of commencing adjudication proceedings following the issue of a final certificate under a JCT contract. An adjudicator from RIBA had been appointed but Bennett (B) complained that his appointment was invalid and in breach of contract having not been secured with seven days of the date of the notice of intention to refer: the adjudicator agreed and resigned. The next day, FMK re-served the notice and the same adjudicator was appointed four days later. The question was whether the final certificate was binding upon both parties as the adjudication appeared to have missed the 28-day deadline. "Held": there had been no obligation by FMK to secure the appointment of an adjudicator within seven days of the notice of intention and consequently the adjudicator need not have resigned. However he had and consequently the adjudication proceedings had not been commenced within 28 days, the first notice being sufficient to comply with the contract provisions to prevent the final certificate from being conclusive. Implies that, providing a notice of intention to refer a dispute to adjudication is given within 28 days of the issue of a final certificate, the final certificate will not be conclusive evidence as to matters raised in the adjudication.
590 ## - LOCAL NOTE (RLIN)
Local note IKA020805
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TRACY BENNETT V FMK CONSTRUCTION LTD
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2005/1268.html&query=Tracy+bennett&method=all">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2005/1268.html&query=Tracy+bennett&method=all</a>
Public note View the item free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 28/07/2005   L130445 130445-2001 06/08/2019 1 06/08/2019 Law report