Ekurhuleni West College v Segal and Another (1287/2018)
Ekurhuleni West College v Segal and Another (1287/2018) [2020] ZASCA 32 (2 April 2020)
The court held that the adjudicator's determination was an interim measure subject to revision in arbitration, as expressly provided in the building contract and JBCC Adjudication Rules. The College's review application sought to challenge unterminated proceedings, which is only permissible in rare cases of grave injustice. No such circumstances were shown. The adjudicator acted strictly in accordance with the contract, and the College's procedural complaints lacked merit. The College was contractually bound to pay the determined amount and pursue its remedy in arbitration. The review applica…
Source excerpt
- Building Contracts
- Adjudication
- Arbitration
- Review Of Interim Decisions