Mr Jackson's justice
Language: English Series: Building ; 270(8414) 20 January 2006, 60(1)Publication details: 2006Subject(s): Summary: Looks at the implications of the decision in Midland Expressway Ltd v Carillion Construction Ltd and others ([2005] EWHC 2963 (TCC), L132321), where it was decided that the rights of a building contractor in a PFI contract to go to adjudication and to be paid, are statutory rights that cannot be made conditional upon similar rights that the project company has under the project agreement. "Pay when paid" clauses, or those postponing adjudication, which it was argued are a commercial necessity, were effectively declared unlawful and in breach of the fundamental rights of contractors.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L132319 (Browse shelf(Opens below)) | 1 | Available | 132319-1001 |
Looks at the implications of the decision in Midland Expressway Ltd v Carillion Construction Ltd and others ([2005] EWHC 2963 (TCC), L132321), where it was decided that the rights of a building contractor in a PFI contract to go to adjudication and to be paid, are statutory rights that cannot be made conditional upon similar rights that the project company has under the project agreement. "Pay when paid" clauses, or those postponing adjudication, which it was argued are a commercial necessity, were effectively declared unlawful and in breach of the fundamental rights of contractors.