Stefanutti Stocks (Pty) Ltd v S8 Property (Pty) Ltd (20088/2013)
Stefanutti Stocks (Pty) Ltd v S8 Property (Pty) Ltd (20088/2013) [2013] ZAGPJHC 249 (23 October 2013)
The court held that the JBCC agreement and its adjudication rules clearly require the parties to give prompt effect to the adjudicator's decision, regardless of any notice of dissatisfaction or pending arbitration. The decision is binding and enforceable as a contractual obligation until it is revised by an arbitrator. The respondent's argument that only final awards are enforceable was rejected, as the agreement expressly provides for interim enforcement. The termination of the building agreement does not affect the enforceability of the adjudicator's decision, as parties may still adjust ac…
Source excerpt
- Specific Performance
- Enforcement Of Adjudicator Decision
- Construction Contracts
- Joint Building Contracts Committee
- Interim Relief