| 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) |
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| 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... |
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| 942 | _n0 | ||
| 999 |
_c102664 _d102664 |
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