000 01558cam a2200229 4500
001 ABS68122
008 040826n2004 000 0 eng u
035 _a(Sirsi) u127170
100 _aFranklin, K.
245 _aWinners and losers in the adjudicators' generation game
260 _c2004
490 _aArchitects' Journal
_v220(2) 8 July 2004, 40(1)
520 _aDiscusses "Conor Engineering v Les Constructions Industrielle de la Mediterranee" ([2004] EWHC 899 (TCC), [2004] BLR 212-222) where CIM was engaged to design and build plant to incinerate waste and generate electricity. Subcontractor Conor referred payment disputes to an adjudicator, but CIM argued that the adjudicator's decision, in favour of Conor, was unenforceable as the works were carried out on a site where the primary activity was power generation, which were excluded from recourse to adjudication under the Housing Grants, Construction and Regeneration Act 1996. It was ruled that waste incineration was the primary activity, which is included under the Act, so the decision was judged enforceable. Concludes careful consideration should be given to the issue of whether contracts are on the included or excluded parts of the Act, before adjudication is undertaken.
590 _aABS
590 _aABS
650 _aCONOR ENGINEERING V LES CONSTRUCTIONS INDUSTRIELLE DE LA MEDITERRANEE
650 _aADJUDICATION
650 _aHOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
650 _aEXCLUSIONS
690 _aDISPUTE RESOLUTION-CASE LAW
942 _n0
999 _c117903
_d117903