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Construction contract – Arbitration. The Technology and Construction Court dismissed the claimant company's application for summary judgment to enforce the decision of an adjudicator in a case relating a woodworking machine. The court held that the defendant company had an arguable case that the adjudicator had lacked jurisdiction, because the machine did fulfil the criteria of a 'structure' under the Housing Grants Construction and Regeneration Act 1996, but did not form part of the claimant's land, so that its installation at the claimant's premises had not been a 'construction operation' within the meaning of the Act.
Construction contract – Arbitration. The Technology and Construction Court dismissed the claimant company's application for summary judgment to enforce the decision of an adjudicator in a case relating a woodworking machine. The court held that the defendant company had an arguable case that the adjudicator had lacked jurisdiction, because the machine did fulfil the criteria of a 'structure' under the Housing Grants Construction and Regeneration Act 1996, but did not form part of the claimant's land, so that its installation at the claimant's premises had not been a 'construction operation' within the meaning of the Act.
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