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Permanent fixes

By: Series: Building ; 269(8232) 14 May 2004, 56(1)Publication details: 2004Subject(s): Summary: Debates whether lessons can be learnt from the process plant sector for the Housing, Grants, Construction and Regeneration Act 1996 which is under active review at the moment. In "Rhodia Chirex v Laker Vent Engineering Ltd" ([2003] EWCA Civ 1859, [2003] ALL ER CD 351 (Dec)) the CA held that a model form of contract did not preclude the appointment of an expert to determine what sum was due under the termination provisions. The court stated that, unlike an adjudicator's decision on an interim certificate under a JCT contract, if the expert reviewing the provisional certificate decided which sums were properly due these would be final and binding. They could not validly be changed by the project manager's final certificate.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS67791 (Browse shelf(Opens below)) 1 Available 126397-1001

Debates whether lessons can be learnt from the process plant sector for the Housing, Grants, Construction and Regeneration Act 1996 which is under active review at the moment. In "Rhodia Chirex v Laker Vent Engineering Ltd" ([2003] EWCA Civ 1859, [2003] ALL ER CD 351 (Dec)) the CA held that a model form of contract did not preclude the appointment of an expert to determine what sum was due under the termination provisions. The court stated that, unlike an adjudicator's decision on an interim certificate under a JCT contract, if the expert reviewing the provisional certificate decided which sums were properly due these would be final and binding. They could not validly be changed by the project manager's final certificate.