Adjudicator's jurisdiction: a case of no contract, no dispute
Series: Architects' Journal ; 217(6) 13 February 2003, 40(1)Publication details: 2003Subject(s):- -DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATORS-ADJUDICATORS' JURISDICTION
- CARILLION CONSTRUCTION LTD V DEVONPORT ROYAL DOCKYARD LTD
- CONSTRUCTION DISPUTES
- CONTRACTS IN WRITING
- ELLERINE V KLINGER
- R J T CONSULTING ENGINEERS LTD V D M ENGINEERING (NI) LTD
- GROVEDECK LTD V CAPITAL DEMOLITION LTD
- HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S107
- NO CONTRACTS IN WRITING
- ORAL CONTRACTS
- TRADAX INTERNATIONAL V CERRAHOQULLARI
- MANGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
Item type | Current library | Call number | Copy number | Status | Date due | Barcode | |
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Journal article | London Journal article | ABS66424 (Browse shelf(Opens below)) | 1 | Available | 121414-1001 |
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Considers "Carillion Construction v Devonport Royal Dockyard" (2002). Carillion (C) relied upon an oral agreement varying the terms of the written contract but, following the CA ruling that all the terms and not just the existence of a contract should be evident in writing in "RJT Consulting Engineering Ltd v DM Engineering (NI) Ltd" (CA X118297) (see also Abs66002, Abs65216, Abs65501and Abs64362), it was held that this did not form a contract in writing under Housing Grants, Construction and Regeneration Act 1996 s107. It was also ruled that there was no dispute to refer to adjudication as C failed to provide the clarification of its claim requested by the defendant's management company.