Source: All England Reporter
Publisher Citation: [2001] All ER (D) 253 (Jul)
Judge:

Technology and Construction Court Judge Humphrey Lloyd QC
Representation David Sears (instructed by Goodman Derrick) for B.
  Rowan Plantrose (instructed by Ellis Taylor) for S&R.
  Richard Baker of Campbell Hooper for TW.
Judgment Dates: 19 July 2001

Catchwords

Building contract - Arbitration - Arbitration clause - Arbitrator - Extent of arbitrator's jurisdiction - Management contractor employed by employer on JCT terms - Management contractor employing works contractor on JCT terms - Works contract providing for use of management contractor's name by works contractor if dispute as to sums owing to works contractor - Whether works contractor able to bring arbitration proceedings against employer directly - Whether works contractor obliged to bring such proceedings in management contractor's name - Whether management contractor's consent to use of its name subject to conditions - JCT form of works contract, cls 1.11, 4.27.

The Case

Where an employer employed a management contractor under the JCT management contract, 1987 edition, and the management contractor employed a works contractor under an edition of the JCT works contract, the works contractor was not entitled to bring arbitration proceedings against the employer directly. The works contractor was obliged under the terms of the works contract to bring any such proceedings in the name of the management contractor, but the management contractor was not required to consent to the use of its name. It was entitled, by operation of clauses4.27 and 1.11 of the works contract to require, as a pre-condition to such consent, that the works contractor should indemnify or provide a security in respect of any liability it might incur as a result of the works contractor using its name.

Practice Areas

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