Adjudication Case Summaries

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

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Search our total archive of 404 Adjudication articles

201 to 220 of 404 articles

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Thu, 28th October 2004

Amec Capital Projects Ltd v Whitefriars City Estates Ltd (Part III)

The legal principles governing whether a tribunal was apparently biased

Fri, 22nd October 2004

Melville Dundas Ltd v George Wimpey UK Ltd - Part I

The contractor had no valid claim for the sum certified under the JCT Scottish Building Contract where the employer terminated the contract before the final date for payment notwithstanding the employer’s failure to serve a notice of intention to withhold payment

Tue, 19th October 2004

CIB Properties Ltd v Birse Construction Ltd

The test to determine whether it was fair that a complex dispute was referred to adjudication was whether the adjudicator was able to reach a fair decision within the time limits allowed by the parties (rather than whether the dispute was inherently too complex to be adjudicated)

Fri, 15th October 2004

Hortimax Ltd v Hedon Salads

The installation of artificial lighting and blackout screens in and the improvement of the irrigation system in and to the greenhouses used for the growing of cucumbers were not "construction operations" by reason of falling within the exception to such operations as defined in section 105(2)(c)(ii) of the Construction Act

Mon, 11th October 2004

Amec Civil Engineerig Ltd v Secretary of State for Transport (Part I)

The propositions that could be derived from case law as to the meaning of "dispute" in relation to adjudications

Wed, 29th September 2004

Ruttle Plant Hire Ltd v The Secretary Of State For The Environment

The contract for cleaning up operations on farms arising out of the foot and mouth disease epidemic was a construction contract

Thu, 26th August 2004

CPL Contracting Ltd v Cadenza Residential

Summary judgment should not be ordered in the contractor's favour to enforce the adjudicator's decision awarding the contractor unpaid balance of the contractor's interim payment application on the basis that no dispute had arisen in respect of that unpaid balance

Tue, 27th July 2004

A & S Enterprises Ltd v Kema Holdings Ltd

The conduct of the adjudicator was such that there was a real possibility of bias on his part and that he was in breach of the requirements of natural justice on the basis of the comments he made in his decision about a representative of the employer not being available for a meeting

Thu, 15th July 2004

Rossco Civil Eng. Ltd v DWR Cymru Cyfyngedic

The contract between the employer and the contractor limited company (which assumed the benefits and burdens of the contract originally made between the employer and the contractor partnership) was in writing within the meaning of section 107 of the Construction Act 1996

Fri, 25th June 2004

Connex South Eastern Ltd v MJ Building Services Group Plc (Part I)

The contract was one in writing notwithstanding no written acceptance of the contractor’s tender, the acceptance of a repudiation of a contract did not prevent an adjudication and it was not an abuse of the process for the contractor to have started adjudication proceedings over a year after the contractor had purported to accept the employer’s repudiation

Fri, 11th June 2004

William Verry Ltd v North West London Communal Mikvah

There was a dispute capable of being referred to adjudication when the contractor served its notice of adjudication that stated that the dispute was the contractor's entitlement to the release and payment of the first half of retention

Fri, 28th May 2004

Alstom Signalling Ltd v Jarvis Facilities Ltd

There was nothing to prevent the court in an appropriate case from finally determining the dispute that formed the subject matter of the adjudication at the same time that it dealt with an application for summary judgment to enforce the decision

Wed, 12th May 2004

McAlpine PPS Pipeline Systems Joint Venture V Transco plc

The nature of the contractor's case in its reply to the employer's response to its claim was such that the employer had a realistic prospect of arguing successfully that the adjudicator's decision did not respond to the dispute referred or was given on a dispute not referred

Wed, 14th April 2004

Ritchie Brother (PWC) Ltd v David Philip (Commercials) Ltd (Part I)

Clarification provided as to the time limits for the adjudicator to reach his decision and communicate it to the parties under paragraph 19 of the Scheme for Construction Contracts

Mon, 5th April 2004

AWG Construction Services Ltd v Rockingham Motor Speedway Ltd

The adjudicator was in breach of the principles of natural justice by failing to afford the contractor a proper opportunity to give a fully considered response to the additional material served by the employer at the very end of the adjudication in support of its new allegation

Fri, 2nd April 2004

Conor Engineering Ltd v Les Constructions Industrielles

The sub-contracts for the installation of boilers and associated pipework where the main contract was the construction of a plant for the incineration of waste and the generation of electricity were not "construction operations" within the meaning of section 105(2)(c)(i)

Fri, 19th March 2004

MJ Gleeson Group plc v Devonshire Green Holding Ltd

Employer's failure to serve an effective notice of intention to withhold payment pursuant to section 111 of the Construction Act meant that it could not rely on any other contractual right to oppose enforcement of the decision in the contractor's favour

Fri, 12th March 2004

Buxton Building Contractors Ltd v Governors Of Durand Primary School

The adjudicator's decision was unfair by reason of his failure to consider all the issues in dispute and to take into account all the documents and information submitted by the employer contrary to paragraphs 17 and 20 of the Scheme for Construction Contracts

Fri, 27th February 2004

Amec Capital Projects Ltd v Whitefriars City Estates Ltd (Part II)

There was a real possibility that the adjudicator was apparently biased and in breach of the rules of natural justice in respect of certain aspects of his conduct of the second adjudication

Thu, 26th February 2004

Branlow Ltd v Dem-Master Demolition Ltd

The exchange of two letters between the contractor and the sub-contractor constituted a contract in writing for the purpose of section 107(2)(b) of the Construction Act notwithstanding that the nature and scope of the sub-contract works were not referred to in the letters

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