Courts enforce ajudicator's order
Article Abstract:
The JCT (Joint Contracts Tribunal) adjudication system is used to settle disputes between contractors and sub-contractors. Following notices of set-off for 149,451 pounds sterling by (MH) McLaughlin and Harvey, the sub-contractors (DSE) Drake and Scull Engineering gave notice of arbitration and called for an adjudicator. The adjudicator decided that MH should pay 149,451 pound sterling to a stakeholder. Following non-compliance by MH, DSE issued a writ and asked for a court order for compliance with the adjudicator's decision. The decision resulted in DSE receiving payment.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1992
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Intruding on the neighbours
Article Abstract:
The UK Access to Neighbouring Land Act 1992, comes into effect in Jan 1993. Th act allows people the right to make reasonable use of neighbours' property to carry out essential works on their own property, such as building repairs, clearing drains and attending to trees or hedges. If neighbours are unwilling the court can make an order binding both parties. The court will specify on: the duration of the right to enter; hours of work; who is to do the work; precautions; insurance requirements; and payment due to the neighbour.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1992
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New principles of liquidated damages
Article Abstract:
Liquidated damages are usually beneficial to building contractors but unbeneficial to employers. Liquidated damages limit a contractor's liability for delay. There are irredeemable because they are unbalanced as compared to the employer's estimated loss. Employers may find that they will have to finance architectural and engineering staff during the delay period incurring losses higher than the value of the work undertaken.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1993
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