It was argued that the party seeking a referral to arbitration need only rely on the existence of relevant events for its entitlement to an extension of time and has no regard for any delay for which it may be culpable and which may impact at the same time as the relevant event.
Held: A limitation to be placed on the approach suggsted was that the net delay of the event should be added to the time for completion, rather than the gross delay including prior culpable delay.
(1993) 62 BLR 12
England and Wales
Cited – Carillion Construction Ltd v Devonport Royal Dockyard Ltd CA 16-Nov-2005
The parties had disputed payments for subcontracting work on a major project. The matter had been referred to arbitration, and the claimants now appealed refusal of leave to appeal the adjudicator’s award.
Held: The dispute was complex and . .
Cited – Carillion Construction Ltd v Devonport Royal Dockyard TCC 26-Apr-2005
Application for leave to appeal against arbitrator’s award in construction dispute.
Held: The appeal was declined. . .
Questioned – Henry Boot Construction v Malmaison Hotel (Manchester) Ltd TCC 1999
Lists of cited by and citing cases may be incomplete.
Updated: 17 May 2022; Ref: scu.235379