CJP Builders Limited v William Verry Limited [electronic resource]
Language: English Publication details: 2008Subject(s):- CJP BUILDERS LIMITED V WILLIAM VERRY LIMITED
- THOMAS-FREDRIC'S (CONSTRUCTION) LTD V WILSON PROJECT CONSULTANCY GROUP V TRUSTEES OF THE GRAY TRUST
- CANTILLON LTD V URVASCO LTD
- BUXTON BUILDING CONTRACTORS V DURAND PRIMARY SCHOOL GOVERNORS
- England and Wales -- 1543-
- MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 145525-2001 |
[2008] EWHC 2025 (TCC), 15 August 2008. The case turned around the wording of a sub-contract and the right for an adjudicator to extend the time to answer a referral to adjudication, as not doing so was in effect a breach of the party's right under natural justice to be heard. Verry (V) sub-contracted with CJP Builders (C) to carry out work at a construction project. (V) did not pay (C) an interim payment. (C) claimed by adjudication the interim payment. The subcontract required (V) to respond within seven days. (V) answered late. The adjudicator disregarded that delayed answer and ordered (V) to pay (C). (C) asked for respect of the adjudicator's decision. (V) asked for the meaning of the sub-contract, contested the jurisdiction of the adjudicator, as well as the fact of disregarding his answer as a breach of his natural right to be heard; and claimed that (C) was not entitled to the payment that he required. "Held": The judge rejected the adjudicator's decision on the basis that the subcontract did allow him to consider (V)'s delayed answer. (C) is only entitled to the payment of sums properly due for work done by it.