Articles

The devloper should pay 85% of the contractor's cost of the hearing enforcing the award to it by the adjudicator by way of summary judgement to be paid on the standard basis

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The adjudicator's adoption of his own methodology to assess the contractor's financial entitlement which formed no part of the dispute referred to him without giving the parties the opportunity to comment on it was in excess of his jurisdiction and in breech of the rules of natural justice

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The adjudicator was materially in breach of the rules of natural justice in obtaining the legal advice of senior counsel on an issue by failing to tell the parties that he was going to do so, to inform them of the advice and to give them an opportunity to comment on it

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"Forum" shopping by a referring party allowing an adjudication to lapse because it disapproved of the appointed adjudicator and then starting a fresh adjudication before a different adjudicator was not appealing but not prohibited.

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The provision in the adjudication agreement in the framework agreement enabling the local authority to nominate adjudicators was invalid

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The employer's application for a stay of execution of the summary judgement ordered to enforce the adjudicators decision in the contractor's favour should be refused

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Propositions formulated by Akenhead J as to whether the same or substantially the same dispute had been referred to or resolved in an earlier adjudication

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The adjudiator's timetable could not be said to be unreasonable with the result that he could not be said to have acted in breach of the rules of natural juctice

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The adjudicator was entitled to recover his fees on all three adjudications from the contractor in accordance with the adjudicators decision that it should pay them

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Propositions derived by Akenhead J as to what could constitute a dispute for adjudication (and arbitration) purposes

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The adjudicator did not act in breech of the rules of natural justice in applying his own reasoning to assess the quantum of the contractor's claim but did act in breech in not giving notice of the commercial rates he applied which he derived from his own experience

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The adjudicator's decision in the third adjudication rejecting the contractor's claim that time was at large and/or that it was entitled to anything further arising in respect of delay was conclusive in accordance with clause 1.9.4

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The adjudicator's failure to allow it to comment on his methodology and the figures he proposed to use in arriving at his valuation of the target cost did not amount to a breach of the rules of natural justice.

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The adjudicator was apparently biased by producing his "preliminary views and findings of fact" document

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The employer should have summary judgment to recover the balance of the fees charged by the adjudicator and paid by it to the adjudicator where the adjudicator directed that the contractor should pay his fees but it only paid a small proportion of those fees

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The adjudicator could not be said to have acted in breach of the rules of natural justice by declining to deal with the employer's counterclaim on its merits on the mistaken ground that the employer failed to serve a withholding notice in respect of that counterclaim

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Summary judgement should be ordered to enforce the adjudicator's award to the sub-sub-contract dispite it having adduced evidence in the adjudication that terms of the sub-sub-contract were agreed orally

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Whilst the contractor was in breach of the contractural adjudication agreement by deliberatley failing to serve its referral within two days of the adjudicator's appointment, this breach could not constitute a repudiatory breach of the agreement

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There was no reasonable prospect on the evidence before the court of the hirer being able to establish that the hirer's manager did not have appropriate authority to enter into the long term hire contract in question

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Bolton-based construction adviser, The Vinden Partnership (TVP), has been named Construction Firm of the Year in the Lancashire Business View Red Rose Awards, established to recognise successful and innovative companies from the region.

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