000			02014cad a22002175a 4500
001			L139316
008			070725e20070504xxk f v 000 0 eng d
035			_a(Sirsi) u139316
041	0		_aeng
245	0	0	_aSteve Domsalla (trading as Domsalla Building Services) v Kenneth Dyason _h[electronic resource]
260			_c2007
520			_a[2007] EWHC 1174 (TCC), 4 May 2007. Considered whether the application of the Unfair Terms in Consumer Contracts Regulations 1999 made the withholding notice provisions of the JCT Minor Building Works form of contract unenforceable. A JCT Minor Building Works form of contract was signed by the applicant building contractor (S) and the respondent (D) who was a residential occupier under the Housing Grants, Construction and Regeneration Act 1996 s106(1). Disputes over the non-completion of the work on D's property arose and S referred disputes arising from non-payment to adjudication. D contended that the adjudicator lacked jurisdiction because the adjudication and withholding notice clauses in the contract were unenforceable due to the application of the Unfair Terms in Consumer Contracts Regulations 1999. However, a decision was made in S's favour by the adjudicator and S applied for summary judgment to enforce the award. "Held": application refused. In the circumstances the adjudicator was wrong in deciding that the withholding provisions of the contract were binding on D.
590			_aKA
650	2	4	_aDOMSALLA BUILDING SERVICES V DYASON
650	2	4	_aUNFAIR TERMS IN CONSUMER CONTRACTS REGULATIONS 1999
650	2	4	_aJCT AGREEMENT FOR MINOR BUILDING WORKS (1998 EDITION)
690			_aBUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
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/2007/1174.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c79043 _d79043