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Case Law: Blowing Hot And Blowing Cold (Principle Of Election).

Publication: Mondaq Business Briefing
Publication Date: 07-NOV-06 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
In Redworth Construction Limited v Brookdale Healthcare Limited (31 July 2006) Brookdale was the employer on a project for the construction of four group homes and a day care centre. It engaged Redworth as contractor for the project. The proceedings arose out of an adjudication decision delivered in April 2006 finding some [pounds]210,000 due to the contractor.

The employer contended that the adjudicator had no jurisdiction to decide the matter put before him because there was no contract in the JCT form as claimed by the contractor and/or the principal terms of contract were not recorded...

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