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Total M&E Services Ltd v ABB Building Technologies Ltd

Series: Construction Industry Law Letter ; [2002] CILL 1857-1861(5)Publication details: 2002Subject(s): Summary: TCC 26 February 2002. A refused to comply with an adjudicator's decision awarding T payment for additional work carried out on the basis that the oral instructions given for additional works were in fact new collateral contracts and therefore outside the adjudicator's jurisdiction. "Held": the adjudicator did have jurisdiction under Housing Grants, Construction and Regeneration Act 1996 s107(3); the costs of adjudication were not recoverable as damages; there was no need for the implication of a term into the contract that Total should provide a final account in a reasonable time; there was no need for a stay of execution of summary judgement as there was no compelling and uncontradicted evidence that T would not pay.
Holdings
Item type Current library Call number Copy number Status Barcode
Journal article London Journal article X118295 (Browse shelf(Opens below)) 1 Available 118295-1001

TCC 26 February 2002. A refused to comply with an adjudicator's decision awarding T payment for additional work carried out on the basis that the oral instructions given for additional works were in fact new collateral contracts and therefore outside the adjudicator's jurisdiction. "Held": the adjudicator did have jurisdiction under Housing Grants, Construction and Regeneration Act 1996 s107(3); the costs of adjudication were not recoverable as damages; there was no need for the implication of a term into the contract that Total should provide a final account in a reasonable time; there was no need for a stay of execution of summary judgement as there was no compelling and uncontradicted evidence that T would not pay.

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