Adjudication Cases

 

Below you will find summaries of Adjudication cases that have come before the courts.

 
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Search our total archive of 370 Adjudication articles
 
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Tue, 13th July 2010
Fileturn Ltd v Royal Garden Hotel Ltd
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Fri, 25th June 2010
Lee v Chartered Properties (Building) Ltd
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Fri, 25th June 2010
Anglian Water Services v Laing O'rourke Utilities Ltd
Clause 93.1 of the core clauses of the second edition of the NEC form of engineering contract was not incompatible with the Scheme for Construction Contracts, did not constitute one of the contractual adjudication provisions and should not be replaced by the adjudication provisions of the Scheme in consequence of the contractual adjudication provisions not complying with the requirements of the Construction Act
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Thu, 17th June 2010
Rok Building Ltd v Bestwood Carpentry Ltd
The law as to the writing requirements for construction contracts for the purposes of section 107 of the Construction Act with particular reference to implied terms
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Thu, 20th May 2010
Charles Brand Ltd v Donegall Quay Ltd
The employer was not entitled to set off liquidated damages for the period in respect of which the contractor was not awarded an extension of time by the adjudicator against the sums which the adjudicator awarded to the contractor
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Mon, 17th May 2010
Naylor Construction Services Ltd V Acoustafoam Ltd
The approach set out by Judge Grant to be adopted by an adjudicator when faced with a jurisdictional challenge that the contract was not in writing within the meaning of section 107 of the Construction Act
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Thu, 13th May 2010
Cleveland Bridge (Uk) Ltd v Whessoe-Volker Stevin Joint Venture
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Fri, 23rd April 2010
Pilon Ltd v Breyer Group Plc
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Tue, 13th April 2010
Yuanda (Uk) Co Ltd V Ww Gear Construction Ltd
Clause 9A of the trade contract, which required the trade contractor to pay the employer’s legal costs of any reference made by it to adjudication, was in conflict with the requirements of section 108 of the Construction Act and the Scheme for Construction Contracts
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Thu, 18th March 2010
William Hare Ltd V Shepherd Construction Ltd (No 2)
The true construction of the “pay when paid” clause in the sub-contract was that it did not cover an insolvency which was “self certified” by the employer itself having appointed an administrator; and only bit if the employer were the subject of a court made administration order
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Tue, 16th March 2010
Mentmore Towers Ltd V Packman Lucas Ltd
The clients should be restrained by injunctions from taking any substantive step in the adjudications commenced by them until they complied with the court’s orders for them to honour the adjudicator’s decisions in the adjudications brought by the consultant and costs orders
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Fri, 26th February 2010
Sg South Ltd V Swan Yard (Cirencester) Ltd
The adjudicator had jurisdiction to make his decision despite there having been no written contract by reason of the parties’ exchanges in the adjudication and/or the court proceedings amounting to an exchange of written submissions under section 107(5) of the Construction Act
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Thu, 25th February 2010
Speymill Contracts Ltd V Baskind
It was not the case that the adjudicator in coming to his decision disregarded a material consideration, namely the allegation of theft by the contractor, or failed properly to address that issue
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Wed, 24th February 2010
Amec Group Ltd V Thames Water Utilities Ltd
Principles relevant to the interplay between adjudication and the rules of natural justice set out by Coulson J
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Mon, 22nd February 2010
Forest Heath District Council V Isg Jackson Ltd
The circumstances in which it might be appropriate for the court to make a declaration under the Part 8 procedure with particular reference to a declaration in relation to adjudication
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Fri, 29th January 2010
Banner Holdings Ltd V Colchester Borough Council
The approach to be adopted if a term of a construction contract does not comply with the adjudication or payment provisions required by the Construction Act
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Fri, 22nd January 2010
Rok Building Ltd V Celtic Composting Systems Ltd (Part II)
The contractor’s contention that the adjudicator acted in breach of the rules of natural justice by reaching a decision contrary to the overwhelming weight of evidence and by wrongly failing to apply the “slip” rule to correct the errors in his decision pointed out by it should be rejected
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Thu, 21st January 2010
Supablast (Nationwide) Ltd V Story Rail Ltd
The contractor’s contention that there were two sub-contracts should be rejected with the result that the adjudicator’s decision awarding the sub-contractor a specified sum should be enforced by summary judgment
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Fri, 8th January 2010
Anrik Ltd V As Leisure Properties Ltd
Execution on the summary judgment entered in the contractor’s favour enforcing the adjudicator’s award should not be stayed on the ground that there were exceptional circumstances within the meaning of Order 47, rule 1(a) in the form of there being a probability that the contractor would be unable to repay the judgment sum
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Wed, 6th January 2010
Shaw V MFP Foundations & Piling Ltd
The statutory demands made by the contractor against the homeowners in respect of the sum which the adjudicator directed the homeowners to pay the contractor should be set aside
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