000			02047cab a22002415a 4500
001			L137297
008			070328e2007 xxk 000 0 eng d
035			_a(Sirsi) u137297
041	0		_aeng
245	0	0	_aAveat Heating Ltd v Jerram Falkus Construction Ltd _h[electronic resource]
260			_c2007
520			_a[2007] EWHC 131 (TCC), 1 February 2007. Considered the validity of the adjudication clauses contained within the GC/Works contracts. Claimant (A) was engaged by defendant (J) to carry out works pursuant to a contract that incorporated GC/Works sub-contract conditions. The contract contained a clause that stated the adjudicator's decision would be valid even if issued after the time allowed. A dispute arose, A referred it for adjudication and the adjudicator awarded A the value of its claim plus its costs and expenses. J submitted that the contract clause was not compliant with the Housing Grants, Construction and Regeneration Act 1996 s108(2)(c). A applied to enforce the adjudicator's decision under the 1996 Act. "Held": the adjudicator's main decision was enforced as the adjudication provisions of the Scheme for Construction Contracts (SCC) applied instead of the contract clause. However, the adjudicator's decision regarding the parties' costs was not enforced as under the SCC an adjudicator has no jurisdiction to award a party its costs or expenses.
590			_aKA
650	2	4	_aAVEAT HEATING LTD V JERRAM FALKUS CONSTRUCTION LTD
650	2	4	_aEPPING ELECTRICAL CO LTD V BRIGGS AND FORRESTER (PLUMBING SERVICES) LTD
650	2	4	_aGC/WORKS SUBCONTRACT
650	2	4	_aHOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S108
650	2	4	_aSCHEME FOR CONSTRUCTION CONTRACTS
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/2007/131.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c78583 _d78583