Building Law Reports

General editors: The Hon Sir Robert Akenhead; Dominique Rawley KC; Marc Lixenberg; Omar Eljadi; Felicity Dynes and David Johnson; Consulting editor: Mr Justice Fraser

Document

MOWLEM PLC v PHI GROUP LIMITED

[2004] BLR 421

QUEEN’S BENCH DIVISION (TECHNOLOGY AND CONSTRUCTION COURT) SALFORD DISTRICT REGISTRY

Before His Honour Judge Gilliland QC

Arbitration - Appeal on points of law - Section 69 Arbitration Act 1996. Restitution - Free acceptance - Whether entitlement to payment where material supplied by one party for both parties’ mutual benefit. Implied term - Whether implied term that sub-contractor under obligation to accept free-issue fill material. Remoteness - Whether parties contemplated that free-issue fill material might be contaminated.

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