000 02006cam a2200193 4500
008 031126n2003 000 0 eng u
035 _a(Sirsi) u124485
245 _aSimons Construction Ltd v Aardvark Developments Ltd
260 _c2003
490 _aBuilding Law Reports
_v[2004] BLR 117-130(14)
520 _a[2003] EWHC 2474 (TCC), 29 October 2003. Concerns Part 20 claim proceedings brought by S against A as part of a wider dispute over payment of fees claimed by arbitrator B. S claimed that the Adjudicator's Draft Decision marked for the parties comments dated 17 June 2002 and the Adjudicator's Decision (Final Decision) were not valid decisions within the meaning of the Housing Grants, Construction and Regeneration Act 1996 s108 and cl30 of the contract between S and A. In its defence A argued that both decisions were valid. There were three issues for consideration: firstly did the adjudicator B reach a decision within the time agreed by the parties; secondly was the draft decision published on 17 June 2002 an effective decision; and thirdly was the decision published on the 25 June 2002 valid. Reference was made to the contractual terms set out in cl39 of the contract and the 1996 Act s108. Held, that the Final Decision dated 25 June 2002 was binding on S and A. B's action for his fees against S and A was stayed pending the outcome of the Part 20 claim. View judgment at courtservice.gov.uk.
590 _aABS
650 _aSIMONS CONSTRUCTION LTD V AARDVARK DEVELOPMENTS LTD
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
650 _aHOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S108
690 _aMANGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
856 _uhttps://www.courtservice.gov.uk/View.do?id=2019&searchTerm=&ascending=&index=79&maxIndex=199
_zView judgment on the Court Service website...
942 _n0
999 _c73868
_d73868