Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
[2] In the course of the debate Mr Reid QC for Pihl withdrew the argument based on an alleged breach of natural justice. Accordingly, the remaining issue is whether the court should allow Pihl to balance accounts in IBS's insolvency.
[4] On completion of certain works, Pihl came under an obligation to pay �500,000 to IBS and to release to them the balance (including accrued interest) on the escrow account. On 23 October 2009 Pihl served four withholding notices on IBS, which stated that Pihl intended to withhold the monies otherwise due to IBS and to refuse to release the funds in the escrow account. Pihl asserted that breaches of contract by IBS were the reason for its so doing.
[5] On 26 October 2009 IBS served three notices requiring adjudication on Pihl in conformity with their sub-contract and supplementary agreement and the Housing Grants, Construction and Regeneration Act 1996 ("the 1996 Act"). The sub-contract contained a dispute resolution procedure, which implemented the 1996 Act, in its Schedule Part 18. That procedure included the following rules:
"14. [D]ecisions of the Adjudicator shall be binding until the Dispute is finally determined by legal proceedings, or by agreement between the parties.
The decision of the Adjudicator shall reflect the legal entitlements and obligations of the parties.
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.