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Judgment call

By: Language: English Series: RIBA Journal ; 113(2) 2 February 2006, 76(1)Publication details: 2006Subject(s): Summary: Examines the implications of the decision in "Bryen and Langley Ltd v Boston" ([2005] EWCA Civ 973, L130706), where adjudication provisions were incorporated into a building contract for residential property. Makes clear that residential employers cannot evade the consequences of an adjudicator's decision where they propose a building contract incorporating adjudication provisions to a contractor and / or have been advised by a construction or legal professional. In these circumstances, there is a risk that the employer may claim the costs of the adjudication from his professional advisers.

Examines the implications of the decision in "Bryen and Langley Ltd v Boston" ([2005] EWCA Civ 973, L130706), where adjudication provisions were incorporated into a building contract for residential property. Makes clear that residential employers cannot evade the consequences of an adjudicator's decision where they propose a building contract incorporating adjudication provisions to a contractor and / or have been advised by a construction or legal professional. In these circumstances, there is a risk that the employer may claim the costs of the adjudication from his professional advisers.