A question arose under a contract including the ICE conditions as to whether there had historically been claims by the contractor which the Engineer had already determined under clause 66.
Held: There had been no such earlier dispute or difference which the Engineer had determined. Lord Denning MR: until there was a claim which had been rejected there could be no dispute or difference.
Judges:
Lord Denning MR
Citations:
(1965) 63 LGR 429, [1965] 5 BLR 83
Jurisdiction:
England and Wales
Cited by:
Cited – Amec Civil Engineering Ltd v Secretary of State for Transport CA 17-Mar-2005
The contractors appealed a decision that an arbitrator had jurisdiction to hear a claim against them in respect of works carried out on the Thelwall viaduct. The contractors denied that there had been a dispute which could found a reference, and no . .
Lists of cited by and citing cases may be incomplete.
Local Government, Construction
Updated: 29 May 2022; Ref: scu.224299