A sensible modern judgment concerning incompetent work
Language: English Series: Contract Journal ; 363(5873) 14 May 1992, 13(1)Publication details: 1992Subject(s): Summary: Welcomes the judgment in "Ohbayashi-Gumi Ltd v Industrial Fireproofing Ltd" where O, the contractor, unsuccessfully appealed against an arbitration decision which had granted compensation to the subcontractor (IFL) for the costs incurred in remedial work. This work had been executed after tests conducted by the employer, a procedure which IFL contended was unreasonable in detail. Disregarding the fact that the examination had been carried out by an unqualified trainee, the judge pronounced there was an implied term that subcontract work could not be rejected on the grounds of unreasonable testing, and such provision was both reasonable and necessary within the contractual matrix.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS46353 (Browse shelf(Opens below)) | 1 | Available | 57930-1001 |
Welcomes the judgment in "Ohbayashi-Gumi Ltd v Industrial Fireproofing Ltd" where O, the contractor, unsuccessfully appealed against an arbitration decision which had granted compensation to the subcontractor (IFL) for the costs incurred in remedial work. This work had been executed after tests conducted by the employer, a procedure which IFL contended was unreasonable in detail. Disregarding the fact that the examination had been carried out by an unqualified trainee, the judge pronounced there was an implied term that subcontract work could not be rejected on the grounds of unreasonable testing, and such provision was both reasonable and necessary within the contractual matrix.