Dean and Dyball Construction Ltd v Kenneth Grubb Associates Ltd
Series: Construction Industry Law Letter ; [2003] CILL 2045-2049(5)Publication details: 2003Subject(s):- DEAN AND DYBALL CONSTRUCTION LTD V KENNETH GRUBB ASSOCIATES LTD
- MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
- CONSTRUCTION DISPUTES
- ENFORCEMENT
- NATURAL JUSTICE
- HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
- MANGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS67331 (Browse shelf(Opens below)) | 1 | Available | 124777-1001 |
[2003] EWHC 2465 (TCC), 28 October 2003. Claimant (D) brought proceedings to enforce an adjudicator's award with interest from defendant (G). G opposed the application on the grounds that i) the dispute referred to the adjudicator was not the same as the claim made by D to G, ii) the contract between the parties was not capable of being adjudicated because it was not in writing as required by the Housing Grants Construction and Regeneration Act 1996 s107, iii) the dispute was not validly referred for adjudication under the contractual provisions, iv) the adjudicator made an error of law by answering the wrong question and v) the procedure lacked fairness. "Held" that G had no grounds for resisting the enforcement of the award as the construction contract contained provisions for adjudication and the dispute had been validly dealt with. Judgment found in favour of D. View judgment at www.bailii.org.