- Adjudication clauses and consumer protection legislation (Beach Homes v Hazell)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- The first argument: failure to act in accordance with the notice of intention to refer
- The second argument: incorrect construction of the variation clauses
- The third argument: unfairness?
- The fourth argument: wrong in any event
- Case details
Construction analysis: The Technology and Construction Court dismissed an application by the defendants (two private individuals) to set aside a judgment entered in default following the defendants’ failure to file an acknowledgement of service in enforcement proceedings for an adjudication/expert determination. In doing so, the court noted that an adjudication clause in a residential building contract was not unfair under the Unfair Terms in Consumer Contracts Regulations (UTCCR). Robert Scrivener at 4 Pump Court Chambers considers the judgment and its practical implications.
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