000 01626cab a2200253 4500
001 ABS49127
008 090401t1993 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u70128
041 _aeng
245 _aC A Duquemin Ltd v Slater
260 _c1993
350 _a0
490 _aConstruction Industry Law Letter
_v1993 CILL 854-856(3)
520 _aCA 31 March 1993. The case arose as a result of refurbishment work by the contractor (D) under JCT contract without quantities. The property was not owned by the employer (S) so in law defects in work would not result in loss to the employer. The dispute arose because D claimed for disruption, delay and payment on final account and S claimed for defective work. The claims were referred to arbitration and an interim award was issued. No deduction was made on account of defective work because it was said that S`s locking out of D had prevented them carrying their contractual obligations and deprived them of the opportunity to carry out remedial work. He rejected S`s claim as all expenses incurred in remedying defects had been born by the owner of the property not by S. S appealed against this award. Further interim awards were made. The court gave the abitrator power to `abate the contractors claim`. The arbitrator was therefore empowered to deduct the difference between the value of w
650 _aCLAIMS
650 _aDELAYS
650 _aINTERIM AWARDS
650 _aJCT80 WITH QUANTITIES
650 _aPROLONGATION AWARDS
650 _aSCOTT SCHEDULES
690 _aBUILDING AND CONSTRUCTION-CASE LAW
942 _n0
948 _c04/03/1997
999 _c44119
_d44119