The “Act” means the Housing Grants,
– – adjudicator from employer’s panel –
The ‘new’ provisions apply to contracts entered
Wales) Regulations 1998 (the ‘Principal Regulations’). (the ‘new Regulations’). The new
A reference to “the Scheme” is to the Principal
– A claim for payment of a sum in a payment application as a notified sum under the Act (a “smash and grab”) or, in the alternative for a “true valuation”
– ’ –
The adjudicator had been validly appointed from the employer’s panel of three even though the
repayment on a ‘dispositive’ basis
–
n a ‘true value’ adjudication (TVA)
Party on the Due Date or, alternatively, such sum as the Adjudicator shall decide;… to found a “smash and grab” outcome. It so
He arrived at a “true value” and made his award in those terms.
–
“smash and grab” and a “true valuation” produced by the contract
go’s
that this was not a simple claim for “such other sums as the adjudicator thinks fit”. It was a claim for an alternative assessment on a “substantive basis” – alidity of appointment of adjudicator from employer’s panel –
’s “ ”
It followed in the court’s
Mr Cope’s
Surgo relied on the “ ” ….. ”
The court described this as “a vexed ”
Mr Cope’s jurisdiction to decide the true value.
“
”
•
• •
•
‘joinder’
’
called the “prospective approach”
“ ” (looking back at what h
“ ” ’ “ ” adjudicator’s decision on
It seemed to have been ‘cut and pasted’ from the Referral without the necessary editing to make it an award,
the adjudicator’s findings and counsels’ submissions to the court
– “ ” “ ” ’ accepted the “prospective” approach
“ “
”
“reasonable reader” f ’
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