| 000 | 02229cad a22002415a 4500 | ||
|---|---|---|---|
| 001 | L146261 | ||
| 008 | 081223e20081117xxk f v 000 0 eng d | ||
| 035 | _a(Sirsi) u146261 | ||
| 041 | 0 | _aeng | |
| 245 | 0 | 0 |
_aAllen Wilson Joinery Ltd v Privetgrange Construction Ltd _h[electronic resource] |
| 260 | _c2008 | ||
| 520 | _a[2008] EWCH 2802 (TCC), 17 November 2008. An application by a sub-contractor (W) for summary judgement to enforce an adjudicator's decision in proceedings against the respondent contractor (P) was refused. P claimed that building work done by W was not of an acceptable standard. P refused payment and W started adjudication proceedings. P challenged the adjudicator's findings. The case turned around triable issues concerning whether the contract between the parties had been made in writing pursuant to the Housing Grants, Construction and Regeneration Act 1996 S107, and therefore whether the adjudicator had the jurisdiction to make the initial award. Held: application refused. Contracts need not be in writing. Connex Eastern Ltd v MJ Building Services Group PLC applied, but it was not clear what the terms of the orally discussed contract were. However, even if there was a contract in writing the adjudicator did not have the jurisdiction to award interest. There was no contractual term permitting or allowing for the imposition of interest for late payment, and the parties had not agreed or accepted that the adjudicator should have jurisdiction. Carillion Construction Ltd v Devenport Royal Dockyard Ltd distinguished. | ||
| 590 | _aKA | ||
| 650 | 2 | 4 | _aCARILLION CONSTRUCTION LTD V DEVONPORT ROYAL DOCKYARD LTD |
| 650 | 2 | 4 | _aCONNEX SOUTH EASTERN LTD V MJ BUILDING SERVICES GROUP PLC |
| 650 | 2 | 4 | _aHOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S107 |
| 650 | 2 | 4 | _aALLEN WILSON JOINERY LIMITED v PRIVETGRANGE CONSTRUCTION LIMITED |
| 651 | 4 |
_aEngland and Wales _y1543- |
|
| 690 | _aMANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION | ||
| 690 | _aBUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION | ||
| 856 | 4 | 0 |
_uhttps://www.bailii.org/ew/cases/EWHC/TCC/2008/2802.html _zView the item free of charge at www.bailii.org... |
| 942 | _n0 | ||
| 999 |
_c81105 _d81105 |
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