000 02093cam a2200253 4500
001 X12136
008 021008n2002 000 0 eng u
035 _a(Sirsi) u121437
245 _aConstruction Group Centre Ltd v Highland Council
260 _c2002
490 _aBuilding Law Reports
_v[2002] 10 BLR 476-488(13)
520 _aCSOH 23 August 2002. The pursuers (C) brought proceedings for payment of an adjudicator's award, which the defenders (H) contended on the grounds that: the award was provisional, and the contract's arbitration provisions would not allow the arbiter to take into account a final Court decree in accordance with the adjudicator's decision; they had a larger claim against C for the payment of liquidate damages. "Held": C was required by the contract to implement the adjudicator's decision regardless of whether it was right or wrong; if the decree was granted the arbiter could still award C less than had been paid under that decree; H had lost their right of retention as they had not advanced it at the proper time during the course of the adjudication (see also Abs65934). View judgment at www.scotcourts.gov.uk.
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
650 _aCONSTRUCTION CENTRE GROUP LTD V HIGHLAND COUNCIL
650 _aCONSTRUCTION DISPUTES
650 _aDAVID MCLEAN HOUSING CONTRACTORS LTD V SWANSEA HOUSING ASSOCIATION LTD
650 _aK N S INDUSTRIAL SERVICES (BIRMINGHAM) LTD V SINDALL LTD
650 _aLIQUIDATED DAMAGES
650 _aSOLLAND INTERNATIONAL LTD V DARAYDAN HOLDINGS LTD
690 _aMANGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
856 _uhttps://www.scotcourts.gov.uk/opinions/CA127_02.html
_vView the judgment on the Scottish Courts website...
942 _n0
999 _c102664
_d102664