000 02040cam a2200289 4500
001 ABS66691
008 030529n2003 000 0 eng u
035 _a(Sirsi) u122465
245 _aPicardi v Cuniberti and another
260 _c2003
490 _aConstruction Industry Law Letter
_v[2002] CILL 1980-1982(3)
520 _a[2002] EWHC 2923 (TCC), 19 December 2002. Claimant architect (P) applied to court to enforce adjudicator's award for unpaid fees for work carried out on the defendants' (C) property. C failed to sign standard form agreeing to the RIBA Conditions of Engagement 1999 (CE 1999) sent by P with letter of appointment. The adjudicator ordered C to pay P together with the adjudicator's fee plus interest. The court held that as the contract had never been signed the RIBA terms had not been incorporated into the contract. The adjudication was not enforceable in common law. Private dwellings are excluded from the Housing Grants, Construction and Regeneration Act 1996. Adjudication clauses are also excluded under the terms of the Unfair Terms in Consumer Contract Regulations 1999. Therefore the adjudicator's award was null and void. (See also Abs66515). View judgment at www.bailii.org.
590 _aABS
650 _aRIBA CONDITIONS OF ENGAGEMENT FOR THE APPOINTMENT OF AN ARCHITECT (1999 EDITION)
650 _aCONSTRUCTION DISPUTES
650 _aPICARDI V CUNIBERTI AND ANOTHER
650 _aARCHITECTURAL SERVICES
650 _aUNPAID FEES
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
650 _aRESIDENTIAL PROPERTY
_96266
650 _aADJUDICATION CLAUSES
650 _aCONDITIONS OF ENGAGEMENT
650 _aHOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
690 _aDispute resolution
_96236
856 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2002/2923.html
_zView the judgment on the BAILII website...
942 _n0
999 _c72789
_d72789