000			01544cab a2200193 4500
001			L130453
008			050801n2005 000 0 eng u
035			_a(Sirsi) u130453
041			_aeng
100			_aBrewer, Geoff
245			_aFinal certificates and adjudication
260			_c2005
490			_aContract Journal _v429(6533) 13 July 2005, 38(1)
520			_aDiscusses the case "Tracy Bennett v FMK Construction Ltd" (L130445) concerning an application under Part 8 of the Civil Procedure Rules for declarations on the construction and effect of terms of a contract. The first attempt to appoint ended with the the adjudicator resigning because Bennett (B) argued that the appointment had not been secured within seven days of the notice of intention. The adjudicator was reappointed but now it could be considered that the proceedings had not been commenced within 28 days of the issue of the final certificate. The case considered whether the issue of the first notice of intention to adjudicate was sufficient to comply with the contract provisions. The court held that the adjudicator need not have resigned as there was no obligation for FMK to secure the appointment of an adjudicator within seven days. Consequently the proceedings were not found to have been commenced within 28 days.
590			_aIKA020805
650			_aTRACY BENNETT V FMK CONSTRUCTION LTD
690			_aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
942			_n0
999			_c75628 _d75628