000			01414cab a2200193 4500
001			ABS40095
008			090401t1988 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u21437
041			_aeng
245			_aHolbeach Plant Hire Ltd ; and HPH-Mitchell Joint Venture v Anglian Water Authority
260			_c1988
350			_a0
490			_aConstruction Industry Law Letter _v(1988) JPL 448(1)
520			_aORC 18 January 1988 Appeal from arbitration award on the issue whether the claimants could claim interest on sums certified late as special damages . Arbitrator concluded that in order to succeed the claimants had to establish an entitlement to special damages, and that financing charges were a normal part of most building contracts and so must be deemed to be within the parties` contemplation as a natural result in the ordinary course of things from any breach of contract. On that basis they only entitle the claimant to general damages which cannot include interest. Claimants contended that arbitrator was wrong in holding that financial charges only entitled the injured party to general damages and that particulars of special facts had to be pleaded. ORC held that the arbitrator had adopted the wrong criterion and accordingly the arbitration was remitted back to him.
650			_aLATE CERTIFICATION
690			_aBUILDING AND CONSTRUCTION-CASE LAW
942			_n0
948			_c04/03/1997
999			_c14391 _d14391