| 000 | 01750cab a2200205 4500 | ||
|---|---|---|---|
| 001 | L136859 | ||
| 008 | 070227n2007 000 0 eng u | ||
| 035 | _a(Sirsi) u136859 | ||
| 041 | 0 | _aeng | |
| 245 |
_aHG Construction Ltd v Ashwell Homes (East Anglia) Ltd _h[electronic resource] |
||
| 260 | _c2007 | ||
| 520 | _a[2007] EWHC 144 (TCC), 1 February 2007. A dispute arose between the applicant contractor (H) and the respondent employer (A) regarding the validity and/or enforceability of the provisions in a contract as to liquidated and ascertained damages. The dispute was taken to four adjudications. The first adjudicator concluded that the provisions were valid and enforceable. Following a second invalid adjudication, H initiated a third adjudication to seek repayment of monies deducted as liquidated damages. The adjudicator found that H should be refunded. A submitted that it had not been up to the third adjudicator to decide that the contract provisions for deducting liquidated damages were not enforceable. H applied for summary judgment to enforce adjudication decision three. "Held": the basic argument raised in the third adjudication was substantially the same as that decided in the first adjudication, and therefore adjudication three was not binding. | ||
| 590 | _aKA | ||
| 650 | 2 | 4 | _aHG CONSTRUCTION LTD V ASHWELL HOMES (EAST ANGLIA) LTD |
| 650 | 2 | 4 | _aQUIETFIELD LTD V VASCROFT CONTRACTORS LTD |
| 651 | 4 |
_aEngland and Wales _y1543- |
|
| 690 | _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION | ||
| 856 | 4 | 8 |
_uhttps://www.bailii.org/ew/cases/EWHC/TCC/2007/144.html _zView the judgment free of charge at www.bailii.org... |
| 942 | _n0 | ||
| 999 |
_c78475 _d78475 |
||