| 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 |
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