||All England Reporter
|| All ER (D) 16 (Jun)
|| EWHC 1509 (TCC)
||Queen's Bench Division, Technology and Construction Court
||Gaynor Chambers (instructed by Birketts LLP) for the employer.
||Sarah Hannaford QC (instructed by Birketts LLP) for the contractor.
||1 June 2012
Building contract - Practice - Adjudication - Jurisdiction - Claimant being employer under building contract - Claimant entering into trade contract with defendant contractor for development in London - Contractor claiming higher sum than originally agreed based primarily on variations - Matter going to adjudication] - Employer seeking court's intervention - Employer seeking declaration on interpretation of clause in trade contract - Whether court having jurisdiction to intervene - Whether declaration to be granted.
Building contract Practice. The Technology and Construction Court gave consideration to circumstances in which it would be appropriate to grant a declaration under CPR 8 where there was an ongoing adjudication concerning a dispute in respect of claims made by a contractor under a building contract for payment based mainly on variations.
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