000 01931cab a2200205 4500
001 ##L134853
008 060906n2006 000 0 eng u
035 _a(Sirsi) u134853
041 0 _aeng
245 0 0 _aRedworth Construction Ltd v Brookdale Healthcare Ltd
260 _c2006
520 _a[2006] EWHC 1994 (TCC), 31 July 2006. Considers an adjudicator's jurisdiction to determine a construction dispute over deductions and compliance with the Housing, Grants Construction and Regeneration Act 1996 s107. After entering into a contract with B for the erection of four group homes, a day-care centre and associated works, R had received a list of contract drawings and documents that had referred to specific JCT clauses although the completion date and date of possession had been left blank. B had deducted damages for delay when the contract overran the agreed completion date and R referred the matter to adjudication, maintaining that the contract incorporated the JCT terms. The adjudicator found in R's favour ordering B to pay R the sums withheld. B claimed the adjudicator lacked jurisdiction to determine the dispute, as the contract was not in writing so as to meet s107 of the 1996 Act and it had not incorporated JCT terms. "Held": the contract was not a contract in writing within the meaning of s107 of the 1996 Act and the JCT terms were not part of the contract. Therefore the adjudicator had no jurisdiction.
590 _aIKA190906
650 2 4 _aREDWORTH CONSTRUCTION LTD V BROOKDALE HEALTHCARE LTD
650 2 4 _aHOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S107
651 4 _aEngland and Wales
_y1543-
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/TCC/2006/1994.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c77680
_d77680