Extract
Case Law Review
Adjudication
No signature of award neededTreasure & Son Ltd v Dawes [2008] BLR 24 TCCAlready reported in CILL, the defendant owner failed in an attempt to argue that an adjudicator's decision was invalid because it had not been signed. There was no such implied term; it was neither reasonable nor necessary to imply a term that the decision had to be signed. The decision was also made on the question whether an oral variation of the contract affected its status as a written agreement; it was held that it did not; provided the contract was in writing, oral variations would not undermine enforceability.Interim payment provisionsPC Harrington Contractors Ltd v Multiplex Constructions (UK) Ltd [2008] BLR 16 TCCA sub-contract on the Wembley Stadium project contained provisions for interim payments. Following a dispute between main contractor Multiplex and concrete sub-contractor Harrington, Multiplex referred the matter to adjudication. Harrington argued that on the figures which it claimed were established, it should start the adjudication with £2.3 million in hand and issued proceedings claiming a declaration to that effect. Refusing the declaration, the court held that the provisions comprised a scheme for making interim payments, not for establishing the ultimate position as between the parties.See Pierce Design International v Johnson under Keating Chambers Reported Cases on failure to make payment without withholding notice, following Melville Dundas v George Wimpey...See the full content of this document
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