Edmund Nuttall Ltd v R G Carter Ltd., Court of Appeal - Technology and Construction Court, March 21, 2002, [2002] BLR 312,[2002] TCLR 27,82 Con LR 24,[2002] EWHC 400 (TCC)

Reporting Judge: [2002] BLR 312,[2002] TCLR 27,82 Con LR 24,[2002] EWHC 400 (TCC)

President: Edmund Nuttall Ltd v R G Carter Ltd.

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Edmund Nuttall Ltd v R G Carter Ltd., Court of Appeal - Technology and Construction Court, March 21, 2002, [2002] BLR 312,[2002] TCLR 27,82 Con LR 24,[2002] EWHC 400 (TCC)

Case No: HT-02-60

Neutral Citation No. [2002] EWHC 400 (TCC)

IN THE HIGH COURT OF JUSTICE

QUEENS BENCH DIVISION

TECHNOLOGY AND CONSTRUCTION COURT

St. Dunstan's House,

133-137, Fetter Lane,

London, EC4A 1HD

Date: 21 March 2002

B e f o r e :

HIS HONOUR JUDGE RICHARD SEYMOUR Q.C.

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Ian Pennicott (instructed by Shadbolt & Co. for the Claimant)

Martin Bowdery Q.C. (instructed by Greenwoods for the Defendant)

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JUDGMENT: APPROVED BY THE COURT FOR HANDING DOWN (SUBJECT TO EDITORIAL CORRECTIONS)

H.H. Judge Richard Seymour Q. C. :

Introduction

1. This action arises out of a project for the construction in Norwich of a new civic community centre and library. That project (``the Project'') was called ``Norfolk and Norwich Millennium Project''. The Defendant in this action, R. G. Carter Ltd. (``Carter''), carries on business as a building contractor and was employed by Norfolk and Norwich Millennium Company to undertake the Project.

2. Part of the works involved in the execution of the Project comprised concrete works to the substructure and building frame and various ancillary works. In this judgment I shall call those works ``the Sub-Contract Works''.

3. Although the relevant documents have not been put in evidence before me, it is common ground that Carter entered into a sub-contract (``the Sub-Contract'') with the Claimant in this action, Edmund Nuttall Ltd. (``Nuttall''), by which Nuttall agreed with Carter to undertake the execution of the Sub-Contract Works.

4. It is common ground that the Sub-Contract incorporated the terms of the standard form DOM/1 sub-contract conditions, and in particular the provisions of clause 38A of those conditions relating to the referral to adjudication of disputes arising in connection with the execution of the Sub-Contract Works.

5. In this action Nuttall claims against Carter enforcement of the decision of Mr. David Maurice Richards dated 1 February 2002 (``the Decision''). Mr. Richards had been appointed by the President of Royal Institution of Chartered Surveyors to act as adju...

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