000			01757cab a2200217 4500
001			##L131312
008			051019n2005 000 0 eng u
035			_a(Sirsi) u131312
041	0		_aeng
100	1		_aBrewer, Geoff
245	0	0	_aNomination procedures
260			_c2005
490		0	_aContract Journal _v430(6546) 12 October 2005, 24(1)
520			_aDiscusses the case of "Palmac Contracting Ltd v Park Lane Estates Ltd" ([2005] EWHC 919 (TCC), L129768) in which Park Lane argued that an adjudicator lacked jurisdiction because Palmac had applied to the RICS for his nomination before notice of adjudication had been served, contrary to the terms of the contract between the parties. The court looked at the provisions for adjudication in the contract, which referred to JCT WCD 98 cl39A, which provides that the application for nomination and appointment of an adjudicator may precede serving of a notice of adjudication. Palmac's argument that the clause merely sets out a procedure for the appointment of an adjudicator was accepted. The clause does not stipulate that notice of adjudication must precede an application for nomination. In contrast, the provisions of the Scheme for Construction Contracts (England and Wales) Regulations 1998, expressly provide for notice to be served before application for appointment.
590			_aIKA251005
650	2	4	_aPALMAC CONTRACTING LTD V PARK LANE ESTATES LTD
650	2	4	_aI D E CONTRACTING LTD V R G CARTER CAMBRIDGE LTD
650	2	4	_aJCT STANDARD FORM OF BUILDING CONTRACT WITH CONTRACTORS DESIGN (1998 EDITION)
690			_aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATORS
942			_n0
999			_c76036 _d76036