Adjudication Case Summaries

The provisions for adjudication in the contract between the homeowner and the contractor for work on his dwelling were not binding on him on the ground that they were unfair within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999

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The adjudication was not unfair by reason of the adjudicator having refused to withdraw after having been informed in the notice of referral of a without prejudice offer and having been sent a copy of the contractor's solicitors' letter enclosing that offer

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An interim suspension of the contractor's charge in its favour following the adjudicator's decision should be ordered where the disputed amount had been put into a joint account

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The adjudicator' decision in the sub-contractor's favour was in breach of the rules of natural justice by reason of his having come to a conclusion on a material question of law with the benefit of outside legal advice without disclosing that advice or his instructions to the lawyers

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The adjudicator's decision in the sub-contractor's favour was made without jurisdiction by reason of the appointment procedure in the Scheme for Construction Contracts not having been complied with

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The adjudicator's decision was not made without jurisdiction on the ground that the reader of the decision could have had no confidence that the adjudicator had asked himself the right questions by reason of his reasons for the decision not being intelligible, proper or adequate

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There was a live triable issue as to whether adjudicator was in breach of the rules of natural justice by having admitted additional new evidence and documentation served by the employer by way of "ambush" at the very end of the adjudication without giving the engineer an opportunity to respond to them

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The adjudicator's failure to disclose the matter in respect of which he obtained advice from his legal adviser or to invite comments or submissions thereon was a breach of the principles of natural justice

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The employer was entitled to enforce that part of the adjudicator's decision ordering the contractor to pay it one half of the adjudicator's fees notwithstanding the contractor's contention that the decision was a nullity

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The adjudicator's decision should not be enforced by way of summary judgment on the basis that it was (also) held in the enforcement proceedings that the alleged "construction contract" upon which the adjudicator based his decision had not been entered into with the result that the decision was wrong

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Summary judgment should not be ordered to enforce the adjudicator's decision in favour of the contractor where there was a realistic possibility that no construction contract had been entered to with the result that the adjudicator did not have jurisdiction to make any decision

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The builder was entitled to summary judgment for the amount certified where the homeowners failed to serve any withholding notice pursuant to section 111 of the Construction Act 1996 notwithstanding the homeowners' various defences that the builder was not entitled to the amount certified

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The adjudicator's "draft" decision was not binding decision notwithstanding that there was no change in substance between it and the final decision but the final decision was binding notwithstanding that it was issued subsequent to the 28 days period prescribed by the contract

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The fact that the adjudicator followed the Construction Industry Council Model Adjudication Procedure did not mean that the adjudication could have been conducted unfairly and contrary to the rules of natural justice and that the decision should therefore not be enforced

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The decision should not be enforced where the defendant employer company's owner challenged the adjudicator's jurisdiction from the outset on the basis that the defendant did not ask the adjudicator to make a ruling on the jurisdictional issue and that his ruling on the issue was in any event plainly wrong

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The adjudicator had not breached the rules of natural justice by failing to take action to enable the contractor to deal with the sub-contractor's statement of case and supporting documentation first provided to the contractor at the meeting before the adjudicator

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The dispute as to whether the adjudicator actually appointed was the correct person or should have been the person named in the (partially completed) appendix to the schedule of amendments to JCT 98 WCD was one which fell within the exception in article 6A

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The employer's notice to refer the dispute as to the validity of the adjudicator's decision was validly served at the joint venture contractor?s Morecambe offices

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The employer's purported withholding of the sum awarded in the contractor's favour in the first adjudication against the greater sum awarded in the employer's favour in the second adjudication was ineffective

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The contractual adjudication provisions in the JCT Minor Works Form incorporated into the contract between the homeowners as residential occupiers and the contractor were not unfair within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999

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