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Adjudication has been referred to on many occasions in the past

By: Series: Architects' Journal ; 221(10) 17 March 2005, 48(1)Publication details: 2005Subject(s): Online resources: Summary: Examines the notion that construction disputes can be referred to adjudication at any time, even after a project has been completed, paid for and occupied. Discusses "Emcor Drake and Scull Ltd v Costain Skanska Joint Venture" ([2004] EWHC (TCC) 2439, unreported) which further looked at the issue of how many times a dispute can be referred. When Emcor (E) and Costain (C) entered a dispute over whether E could claim an extension of time, an adjudicator found that E had failed to prove its claim. However, E then referred the claim to a different adjudicator, who found in E's favour. C challenged the second decision, arguing that E should be bound by the first decision. Judge found that the first adjudicator had argued that C's claim was not proved and the second adjudicator had revisited the matter and his decision was enforceable. Concludes a dispute can be referred to adjudication at any time and more than once. View judgment at www.bailii.org.
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Item type Current library Call number Copy number Status Date due Barcode
Journal article London Journal article ABS68825 (Browse shelf(Opens below)) 1 Available 129161-1001

Examines the notion that construction disputes can be referred to adjudication at any time, even after a project has been completed, paid for and occupied. Discusses "Emcor Drake and Scull Ltd v Costain Skanska Joint Venture" ([2004] EWHC (TCC) 2439, unreported) which further looked at the issue of how many times a dispute can be referred. When Emcor (E) and Costain (C) entered a dispute over whether E could claim an extension of time, an adjudicator found that E had failed to prove its claim. However, E then referred the claim to a different adjudicator, who found in E's favour. C challenged the second decision, arguing that E should be bound by the first decision. Judge found that the first adjudicator had argued that C's claim was not proved and the second adjudicator had revisited the matter and his decision was enforceable. Concludes a dispute can be referred to adjudication at any time and more than once. View judgment at www.bailii.org.