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Enco Civil Engineering Limited v Zeus International Development Limited

Language: English Series: Construction Industry Law Letter ; 1992 CILL 719-720(2)Publication details: 1992Subject(s): Summary: ChD 23 October 1991. In 1988 Z were concerned to construct a yacht marina consisting of a marina basin with associated engineering works and blocks of flats. By a contract dated 20 May 1988, which incorporated the ICE Conditions 5th edition, E agreed to carry out the engineering and building work. The first 14 interim certificates were paid by Z and no`s 15 and 16 were issued in June 1990 and April 1991. In May 1991 Z`s solicitors wrote to E giving formal notice that they wished to dispute all certificates, contending that they did not take into account deductions which they said should have been made. They said that substantial claims had arisen in the course of execution of the works, the main cause for complaint being a failure to render the standards of workmanship and required engineering tolerances. On 30 May E issued a summons for summary judgement. Z applied for a stay under Arbitration Act 1950. It was held that Z had bona fide disputes which had to be considered by the engi
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS45845 (Browse shelf(Opens below)) 1 Available 55412-1001

ChD 23 October 1991. In 1988 Z were concerned to construct a yacht marina consisting of a marina basin with associated engineering works and blocks of flats. By a contract dated 20 May 1988, which incorporated the ICE Conditions 5th edition, E agreed to carry out the engineering and building work. The first 14 interim certificates were paid by Z and no`s 15 and 16 were issued in June 1990 and April 1991. In May 1991 Z`s solicitors wrote to E giving formal notice that they wished to dispute all certificates, contending that they did not take into account deductions which they said should have been made. They said that substantial claims had arisen in the course of execution of the works, the main cause for complaint being a failure to render the standards of workmanship and required engineering tolerances. On 30 May E issued a summons for summary judgement. Z applied for a stay under Arbitration Act 1950. It was held that Z had bona fide disputes which had to be considered by the engi