Cases - Cubitt Building & Interiors Ltd v Fleetglade Ltd

Record details

Name

Cubitt Building & Interiors Ltd v Fleetglade Ltd

Date

[2006]

Citation

EWHC 3413 (TCC)

Legislation

Housing Grants, Construction and Regeneration Act 1996

Keywords

No implied rule that documents served on a given date should be served before 4 pm - must refer disputes within 7 days - breach of contract render decision unenforceable

Summary

There is no implied rule that documents to be served on a given date must be served before 4 pm on that date.

Under the JCT ‘98 adjudication procedure a party must refer a dispute within 7 days of the notice of intention to adjudicate. Failure to do so is a breach of the contractual provisions that is likely to render any decision unenforceable.

Adjudicators are not entitled to exercise a lien over their decisions pending payment of their fee, even if this is incorporated as a term into their conditions of appointment.