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Late adjudication decisions

By: Series: Contract Journal ; 418(6425) 8 May 2003, 14 | Construction News ; (6818) 29 May 2003, 12(2)Publication details: 2003Subject(s): Online resources: Summary: A recent case "St Andrews Bay Development Ltd v H B G Management Ltd" (CSOH 20 March 2003, [2003] CILL 2016 dealt with whether an adjudicator can delay the delivery of the decision pending payment of their fees. St Andrews (A) had employed H B G (H) to build a leisure complex. The arising disputes were referred to an adjudicator. After reaching a decision the adjudicator decided to withhold their decision until their fees were paid. A contested the decision as they believed it had been issued after the date it was due and argued that a decision reached but not communicated is no decision at all. A applied to have the decision set aside, but this was refused by the appeal court on the grounds that this fundamental error should not nullify the entire decision. View judgment at www.scotcourts.gov.uk.
Holdings
Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS66798 (Browse shelf(Opens below)) 1 Available 122671-1001

A recent case "St Andrews Bay Development Ltd v H B G Management Ltd" (CSOH 20 March 2003, [2003] CILL 2016 dealt with whether an adjudicator can delay the delivery of the decision pending payment of their fees. St Andrews (A) had employed H B G (H) to build a leisure complex. The arising disputes were referred to an adjudicator. After reaching a decision the adjudicator decided to withhold their decision until their fees were paid. A contested the decision as they believed it had been issued after the date it was due and argued that a decision reached but not communicated is no decision at all. A applied to have the decision set aside, but this was refused by the appeal court on the grounds that this fundamental error should not nullify the entire decision. View judgment at www.scotcourts.gov.uk.