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