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Westminster Building Co Ltd v Andrew Beckingham

Series: Building Law Reports ; [2004] BLR 163-171(9)Publication details: 2004Subject(s): Online resources: Summary: [2004] EWHC 138 (TCC), 20 February 2004. Westminster (W) entered into a contract with Beckingham (B) for the refurbishment of a property. After the works commenced a dispute arose as to the form of contract. W maintained that JCT standard terms and an adjudication procedure had been incorporated into the contract. B did not pay on interim certificates, claiming a term in the contract capped the amount he was required to pay. W took thematter to adjudication, relying on the standard terms. Adjudicator ruled in favour of W, but B did not comply. "Held": adjudicator judged B had seen the form containing the standard terms, and although he did not sign it, he did not object to its contents; B had no grounds for challenging the adjudicators decision. View judgment at www.bailli.org.

[2004] EWHC 138 (TCC), 20 February 2004. Westminster (W) entered into a contract with Beckingham (B) for the refurbishment of a property. After the works commenced a dispute arose as to the form of contract. W maintained that JCT standard terms and an adjudication procedure had been incorporated into the contract. B did not pay on interim certificates, claiming a term in the contract capped the amount he was required to pay. W took thematter to adjudication, relying on the standard terms. Adjudicator ruled in favour of W, but B did not comply. "Held": adjudicator judged B had seen the form containing the standard terms, and although he did not sign it, he did not object to its contents; B had no grounds for challenging the adjudicators decision. View judgment at www.bailli.org.