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Professional indemnity insurers have cause for concern

By: Series: Civil Engineering Surveyor ; October 2002, 20-21(2)Publication details: 2002Subject(s): Summary: Looks at two recent cases "Gillies Ramsey Diamond v P J W Enterprises Ltd" and "J T Mackley v Gosport Marina Ltd. In "Gillies" case it was argued, on behalf of the contract administrator, that there had been no dispute under the contract. A claim in damages for negligence fell outside the provisions of the Construction Act. In the "Mackley" case arbitration was only available as a means of challenging the adjudicator's decision if the relevant contract so provided, or an ad hoc arbitration agreement was made.

Looks at two recent cases "Gillies Ramsey Diamond v P J W Enterprises Ltd" and "J T Mackley v Gosport Marina Ltd. In "Gillies" case it was argued, on behalf of the contract administrator, that there had been no dispute under the contract. A claim in damages for negligence fell outside the provisions of the Construction Act. In the "Mackley" case arbitration was only available as a means of challenging the adjudicator's decision if the relevant contract so provided, or an ad hoc arbitration agreement was made.