Avoncroft Construction Ltd v Sharba Homes (CN) Ltd [electronic resource]
Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWHC 933 (TCC). Normally, a valid adjudicator's decision must be complied with. There is not usually any entitlement to withhold liquidated damages. The defendant resisted the application for enforcement of an adjudicators decision on the ground that it was entitled to set off LADs (liquidation damages clauses) against the sum awarded. Alternatively, the defendant sought a stay of execution, or an order that the money be paid into court and not distributed until the outcome of a second adjudication. The main issue was the withholding of liquidated damages from a sum directed to be paid by an adjudicator. Held: applications both rejected.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 143818-2001 |
[2008] EWHC 933 (TCC). Normally, a valid adjudicator's decision must be complied with. There is not usually any entitlement to withhold liquidated damages. The defendant resisted the application for enforcement of an adjudicators decision on the ground that it was entitled to set off LADs (liquidation damages clauses) against the sum awarded. Alternatively, the defendant sought a stay of execution, or an order that the money be paid into court and not distributed until the outcome of a second adjudication. The main issue was the withholding of liquidated damages from a sum directed to be paid by an adjudicator. Held: applications both rejected.