Source: All England Reporter
Publisher Citation: [2004] All ER (D) 461 (Feb)
Court: Technology and Construction Court
Judge:

Judge John Toulmin QC

Representation Stephen Furst QC (instructed by Masons) for the claimant.
  David Thomas QC (instructed by Kingsley Napley) for the defendant.
Judgment Dates: 27 February 2004

Catchwords

Building contracts - Dispute - Reference to adjudication - Appointment of adjudicator - Scope of mechanism for appointment of alternative adjudicator under JCT standard form of contract with contractor's design (1998 ed).

The Case

a Clause 39A.3, so far as material, provides 'if the [named] adjudicator dies or becomes ill or is unavailable for some other cause and is thus unable to adjudicate on a dispute or difference referred to him'

Practice Areas

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