Construction Act review
Language: English Series: Construction Law Journal ; 21(6) 2005, 435-455(21)Publication details: 2005Subject(s): Summary: Reviews the case law surrounding the status of an adjudicator's decision and whether it creates a cause of action in its own right. Concludes that, although only temporary, the decision is binding and surpasses all other contract terms, except where a withholding notice with a similar effect to that in "Shimizu Europe Ltd v LBJ Fabrications Ltd" ([2003] EWHC 1229 (TCC), [2003] BLR 381) is provided for. The decision is subordinate only to an arbitrator's final award or the judgment of the court.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L131296 (Browse shelf(Opens below)) | 1 | Available | 131296-1001 |
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Reviews the case law surrounding the status of an adjudicator's decision and whether it creates a cause of action in its own right. Concludes that, although only temporary, the decision is binding and surpasses all other contract terms, except where a withholding notice with a similar effect to that in "Shimizu Europe Ltd v LBJ Fabrications Ltd" ([2003] EWHC 1229 (TCC), [2003] BLR 381) is provided for. The decision is subordinate only to an arbitrator's final award or the judgment of the court.