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Building surveyors and adjudication: the implications of Hurst Stores v M L Europe Property Limited (2004)

By: Language: English Series: Structural Survey ; 23(1) 2005, 55-62(8)Publication details: 2005Subject(s): Summary: Considers the CA decision in "Hurst Stores v ML Europe Property Ltd" ([2004] EWCA Civ 490, [2004] BLR 249). Concludes that a person described as a project manager does not necessarily have the authority to make legally binding agreements. Where a building surveyor is acting as a project manager the extent of authority needs to be clarified. Building surveyors need to be aware that as a result of this case the possibility of a legal challenge to an adjudicator's decision is increased.

Considers the CA decision in "Hurst Stores v ML Europe Property Ltd" ([2004] EWCA Civ 490, [2004] BLR 249). Concludes that a person described as a project manager does not necessarily have the authority to make legally binding agreements. Where a building surveyor is acting as a project manager the extent of authority needs to be clarified. Building surveyors need to be aware that as a result of this case the possibility of a legal challenge to an adjudicator's decision is increased.