000 01741cam a2200241 4500
001 ABS64355
008 010828n2001 000 0 eng u
035 _a(Sirsi) u114348
100 _aBrewer, G
245 _aAdjudicator's enforcement
260 _c2001
490 _aContract Journal
_v410(6340) 15 August 2001, 20(1)
520 _aExamines the issue raised in "C & B Scene Concept Design Ltd v Isobars Ltd", TCC 20 June 2001, regarding whether an adjudicator's perceived error can be categorised as an exess of jurisdition. C & B had to apply for adjudication over its entitlement to three interim payments for which Isobars had not given any notice for payment or withholding. The adjudicator held the interim payments should be made under clause 30.3.5 of the JCT Design and Build form but Isobars argued that the adjudicator should not have relied on this clause, therefore his decision was invalid. This was supported by QC Moxon Browne and implies that the courts may be developing a more interventionist approach to the processes for enforcement of adjudicator's decisions by characterising adjudicator's errors as matters of adjudication.
590 _aABS
650 _aC & B SCENE CONCEPT DESIGN LTD V ISOBARS LTD
650 _aSL TIMBER SYSTEMS LTD V CARILLION CONSTRUCTION LTD
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
650 _aENFORCEMENT
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
650 _aADJUDICATION PROCEDURE
690 _aDispute resolution
_96236
942 _n0
999 _c68093
_d68093