Case Law Update - Construction, Property & Real Estate (Issue 1 - 2010)
Mondaq Business Briefing › United Kingdom Law Articles in English (2010)
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Case Law Update - Construction, Property & Real Estate (Issue 1 - 2010)
ADJUDICATION
See Workspace Management v YJL London under Keating Chambers Reported Cases on enforceability of adjudicator's finding of overpayment as a set-off against an arbitration award. Timing Of Nomination And Certainty Vision Homes Ltd v Lancsville Construction Ltd [2009] BLR 525 TCC Reported in CILL principally on timing of nomination. Under the HGCR Act Scheme, if the application for nomination of the adjudicator by the RICS had been made before service of the Notice of Intention to Refer a Dispute to adjudication, the effect would be to deprive the adjudicator of jurisdiction to hear the dispute. The BLR report deals with the full list of issues, including the certainty of the decision and its consistency with the parties' agreement and the dispute referred to him and whether it was unfair for the adjudicator to fail to give the parties notice of his intended conclusion. See North Midland Construction v AE & E Lentjes under Keating Chambers Reported Cases on the 'broad' and 'narrow' approaches to s.105 HGCR Act on exclusion of activities relating to power generation. Novation Challenge Fails Camillin Denny Architects Ltd v Adelaid Jones & Co Ltd [2009] BLR 606 TCC Already reported in BLM, the applicant architects sought summary judgment enforcing an adjudicator's decision in their favour against the Respondent project manager. The respondents argued that a novation had taken place so that there was no con...See the full content of this document
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