000 01848cab a2200217 4500
001 ABS68825
008 050324n2005 000 0 eng u
035 _a(Sirsi) u129161
100 _aFranklin, K.
245 _aAdjudication has been referred to on many occasions in the past
260 _c2005
490 _aArchitects' Journal
_v221(10) 17 March 2005, 48(1)
520 _aExamines the notion that construction disputes can be referred to adjudication at any time, even after a project has been completed, paid for and occupied. Discusses "Emcor Drake and Scull Ltd v Costain Skanska Joint Venture" ([2004] EWHC (TCC) 2439, unreported) which further looked at the issue of how many times a dispute can be referred. When Emcor (E) and Costain (C) entered a dispute over whether E could claim an extension of time, an adjudicator found that E had failed to prove its claim. However, E then referred the claim to a different adjudicator, who found in E's favour. C challenged the second decision, arguing that E should be bound by the first decision. Judge found that the first adjudicator had argued that C's claim was not proved and the second adjudicator had revisited the matter and his decision was enforceable. Concludes a dispute can be referred to adjudication at any time and more than once. View judgment at www.bailii.org.
590 _aABS
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
650 _aEMCOR DRAKE AND SCULL LTD V COSTAIN SKANSKA JOINT VENTURE
650 _aCONSTRUCTION DISPUTES
690 _aMANGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
856 _uhttps://www.bailii.org/ew/cases/EWHC/TCC/2004/2439.html
_zView judgment on the Bailii website...
942 _n0
999 _c74977
_d74977