000 01418cad a22002055a 4500
001 L143818
008 080603e20080429xxk f v 000 0 eng d
035 _a(Sirsi) u143818
041 0 _aeng
245 0 0 _aAvoncroft Construction Ltd v Sharba Homes (CN) Ltd
_h[electronic resource]
260 _c2008
520 _a[2008] EWHC 933 (TCC). Normally, a valid adjudicator's decision must be complied with. There is not usually any entitlement to withhold liquidated damages. The defendant resisted the application for enforcement of an adjudicators decision on the ground that it was entitled to set off LADs (liquidation damages clauses) against the sum awarded. Alternatively, the defendant sought a stay of execution, or an order that the money be paid into court and not distributed until the outcome of a second adjudication. The main issue was the withholding of liquidated damages from a sum directed to be paid by an adjudicator. Held: applications both rejected.
590 _aKA
650 2 4 _aAVONCROFT CONSTRUCTION LTD V SHARBA HOMES (CN) LTD
650 2 4 _aARBITRATION ACT 1996
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/2008/933.html
_zView the judgment free of charge at www.baiili.org...
942 _n0
999 _c80288
_d80288