000 02104cam a2200265 4500
001 ABS66007
008 021104n2002 000 0 eng u
035 _a(Sirsi) u120347
100 _aKnowles, R
245 _aProfessional indemnity insurers have cause for concern
260 _c2002
490 _aCivil Engineering Surveyor
_vOctober 2002, 20-21(2)
520 _aDiscusses two recent construction cases relating to adjudication. In "Gillies Ramsay Diamond v PJW Enterprises Ltd" the employer PJW Enterprises claimed that the contract administrator Gillies Ramsay Diamond had failed to exercise the level of skill expected of a competent surveyor (as covered by the Construction Act 1996) and as a result PJW incurred losses. The matter was referred to adjudication and Gillies argued that the dispute fell outside the provisions of the Construction Act. The dispute finished in the Outer House Court of Session which found in favour of PJW, but PJW still suffered loss because the dispute had not been resolved at adjudication. Also looks at "J T Mackley v Gosport Marina Ltd" in which a dispute was referred to court over the validity of a Notice to Refer. The decision went in favour of the contractor Mackley and the threat of arbitration was removed. Concludes that if a contract states that an action must be carried out within a timescale, parties must ensure that the timescale is followed.
590 _aABS
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
650 _aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS-STANDARD FORMS OF BUILDING CONTRACT-INSTITUTION OF CIVIL ENGINEERS CONTRACTS
650 _aGILLIES RAMSAY DIAMOND V PJW ENTERPRISES
650 _aSCHEME FOR CONSTRUCTION CONTRACTS
650 _aARBITRATION ACT 1996
650 _aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
650 _aHOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
650 _aJ T MACKLEY V GOSPORT MARINA
690 _aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
942 _n0
999 _c71506
_d71506