000 02315cad a22002535a 4500
001 L147372
008 090507e20090408xxk f v 000 0 eng d
035 _a(Sirsi) u147372
041 0 _aeng
245 0 4 _aHS Works Ltd v Enterprise Managed Services Ltd
_h[electronic resource]
260 _c2009
520 _a[2009] EWHC 729 (TCC), 8 April 2009. The case relates to a dispute over the value of works and enforcement of adjudicator's decisions. Enterprise Managed services (E) employed HS Works (H) to undertake repair, reinstatement and resurfacing of highways in London. Both companies disagreed on the valuation of the works and the number of contra charges due. H had carried out 51 000 jobs of different value under this contract. The dispute was brought under two separate adjudications. The first adjudication resulted in £1.84m plus VAT and interest due to H for wrongfully withheld contra charges because E did not issue a withholding notice after submission of the final account. The second adjudicator considered that the value of the work was £23.3m, therefore a total of £24.8m minus £1.5m in contra charges. This meant that part of the sum due under the first decision should be repaid. Both companies applied to the court to have the rulings in their favour enforced. "Held": Both decisions were valid and enforceable. The judge considered that what was important was the net effect of the decisions. To calculate the net effect, it would be necessary to take account of the interest position in relation to the payment or non payment of the respective adjudicator's decisions and costs.
590 _aKA
650 2 4 _aHS WORKS LTD V ENTERPRISE MANAGED SERVICES LTD
650 2 4 _aCANTILLON LTD V URVASCO LTD
650 2 4 _aQUARTZELEC LTD V HONEYWELL CONTROL SYSTEMS LTD
650 2 4 _aBALFOUR BEATTY CONSTRUCTION LTD V LAMBETH LBC
650 2 4 _aWILLIAM VERRY (GLAZING SYSTEMS) LTD V FURLONG HOMES LTD
650 2 4 _aCIB PROPERTIES LTD V BIRSE CONSTRUCTION LTD
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/2009/729.html
_zView the case free of charge at www.bailli.org...
942 _n0
999 _c81518
_d81518