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Aveat Heating Ltd v Jerram Falkus Construction Ltd [electronic resource]

Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWHC 131 (TCC), 1 February 2007. Considered the validity of the adjudication clauses contained within the GC/Works contracts. Claimant (A) was engaged by defendant (J) to carry out works pursuant to a contract that incorporated GC/Works sub-contract conditions. The contract contained a clause that stated the adjudicator's decision would be valid even if issued after the time allowed. A dispute arose, A referred it for adjudication and the adjudicator awarded A the value of its claim plus its costs and expenses. J submitted that the contract clause was not compliant with the Housing Grants, Construction and Regeneration Act 1996 s108(2)(c). A applied to enforce the adjudicator's decision under the 1996 Act. "Held": the adjudicator's main decision was enforced as the adjudication provisions of the Scheme for Construction Contracts (SCC) applied instead of the contract clause. However, the adjudicator's decision regarding the parties' costs was not enforced as under the SCC an adjudicator has no jurisdiction to award a party its costs or expenses.
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Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 137297-2001

[2007] EWHC 131 (TCC), 1 February 2007. Considered the validity of the adjudication clauses contained within the GC/Works contracts. Claimant (A) was engaged by defendant (J) to carry out works pursuant to a contract that incorporated GC/Works sub-contract conditions. The contract contained a clause that stated the adjudicator's decision would be valid even if issued after the time allowed. A dispute arose, A referred it for adjudication and the adjudicator awarded A the value of its claim plus its costs and expenses. J submitted that the contract clause was not compliant with the Housing Grants, Construction and Regeneration Act 1996 s108(2)(c). A applied to enforce the adjudicator's decision under the 1996 Act. "Held": the adjudicator's main decision was enforced as the adjudication provisions of the Scheme for Construction Contracts (SCC) applied instead of the contract clause. However, the adjudicator's decision regarding the parties' costs was not enforced as under the SCC an adjudicator has no jurisdiction to award a party its costs or expenses.