Midland Expressway v Carillion Construction Ltd and others (Record no. 76399)

MARC details
000 -LEADER
fixed length control field 02358cab a2200193 4500
001 - CONTROL NUMBER
control field ##L132321
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060126n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u132321
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Midland Expressway v Carillion Construction Ltd and others
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
520 ## - SUMMARY, ETC.
Summary, etc. ([2005] EWHC 2963 TCC). In 1992 M was awarded the concession agreement for the M6 toll road. C, together with three other companies, working in a joint venture, entered into a design and build contract with M. C commenced an adjudication under the contract, seeking to recover extra payment in respect of costs incurred in connection with changes in the road layout. M sought a declaration that C was not entitled to proceed in the adjudication, relying on two clauses in the contract, (1) that C would not take any steps to enforce any rights under the contract pending resolution of equivalent project relief under the concession agreement, (2) that C's entitlement to payment for any changes would not exceed the amounts M was entitled to be paid under the concession agreement. C argued that these clauses purported to deprive it of its rights under the Housing Grants, Construction and Regeneration Act 1996, s108, to adjudicate at any time. "Held": M was not entitled to prevent the adjudication taking place. Any wording in a sub-contract which purports to restrict a sub-contractor's right to refer a dispute to adjudication will either fall away to be replaced by the Scheme for Construction Contracts, or will be construed in a manner compatible with the Act. Furthermore, a state of affairs which prevented C from being paid until M had received a corresponding sum under the concession agreement was precisely what the Housing Grants, Construction and Regeneration Act, s113 had been designed to prevent, and contracting parties could not avoid it by using a form of words or drafting technique.
590 ## - LOCAL NOTE (RLIN)
Local note IKA310106
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MIDLAND EXPRESSWAY LTD V CARILLION CONSTRUCTION LTD AND OTHERS
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
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-ADVOCACY
856 41 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2005/2963.html">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2005/2963.html</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 26/01/2006   ONLINE PUBLICATION 132321-1001 06/08/2019 1 06/08/2019 Law report