000			01588cab a2200217 4500
001			ABS37938
008			090401t1987 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u7711
041			_aeng
245			_aAshville Investments Ltd v Elmer Contractors Ltd
260			_c1987
350			_a0
490			_aConstruction Industry Law Letter _v(1987) CILL 352-353(2)
520			_aCA 20 May 1987. Appeal by building owners (B) against decision dismissing their originating summons and granting declarations sought by contractors (C) concerning the contract for the construction of six warehouse units under the JCT 1963 Form (Private Edition, Without Quantities) (1977 Revision). When a dispute arose C claimed arbitration under Cl.35(1), seeking rectification of the contract on the ground that it was entered into as a result of either a mutual or unilateral mistake and damages for innocent misrepresentation or negligent mis-statement. B contended that the arbitrator had no power under the clause to order rectification of the contract, nor did he have the power to grant relief for misrepresentation , and issued an originating summons seeking declarations to that effect. C issued a corresponding originating summons for declarations that the arbitrator did have jurisdiction. The previous court dismissed B`s summons and granted C the declarations sought. CA agreed with
650			_aARBITRATION ACT 1950 S24 2
650			_aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
650			_aCLAIMS
690			_aBUILDING AND CONSTRUCTION-CASE LAW
942			_n0
948			_c04/03/1997
999			_c4692 _d4692