AMEC Civil Engineering Ltd v Secretary of State for Transport
Citation: 101 Con LR 26 CA
Nature of case:
Already reported in BLR this decision has attracted considerable interest because of the ‘seven propositions’ by which the dispute/no dispute issue is to be decided, adduced at first instance by Jackson J and approved by the CA. This is known as the ‘Thelwall Viaduct’ case. The contractor had argued that there was no dispute or difference capable of reference to arbitration. However, the CA’s view was that ICE (5th edition) Clause 66 should not be construed legalistically, so as to preclude timely commencement of arbitration proceedings. The CA held the judge’s analysis to have been correct, given the claimant’s resistance to the defective work allegations.
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