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

361 to 380 of 404 articles

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Wed, 9th August 2000

Whiteways Contractors (Sussex) Limited -v- Impresa Castelli Construction UK Limited

The sub-contractor was entitled to summary judgement to enforce the adjudicator?s decision in its favour notwithstanding the contractor?s proposed abatement in respect of overpayments on earlier interim payments

Mon, 31st July 2000

Bouygues -v- Dahl-Jensen (CA)

The adjudicator?s decision should be enforced despite it being common ground that the adjudicator had made a mistake in arriving at the amount awarded

Fri, 28th July 2000

Herschell Engineering Limited -v- Breen Properties Limited (No 2)

The factors to be taken into account by the court when considering an application for a stay of execution on a summary judgement enforcing an adjudicator?s decision

Thu, 27th July 2000

Shepherd Construction -v- Mecright Ltd

The adjudicator had no jurisdiction to investigate the dispute as to the value of the sub-contract works on the basis that the parties had entered into an agreement in that connection before the adjudication

Mon, 24th July 2000

George Parke -v- The Fenton Gretton Partnership

Whilst an adjudicator?s decision for the payment of monies could form the basis for a statutory demand, the contractor's statutory demand should be set aside in accordance with paragraph 12.4 of the practice direction under the CPR relating to insolvency proceedings

Fri, 21st July 2000

Ken Griffin & John Tomlinson (T/A K&D Contractors) -v- Midas Homes Limited

The adjudicator?s decision in the sub-contractor?s favour should only be enforced in respect of two of its four invoices by reason of the notice not complying with paragraph 1(3) of the Scheme for Construction Contracts

Sun, 16th July 2000

Absolute Rentals Limited -v- Gencor Enterprises Limited

The decision should be enforced despite the employer having begun arbitration proceedings against the contractor and execution of the judgement should not be stayed

Fri, 14th July 2000

KNS Industrial Services (Birmingham) Limited -v- Sindall Limited

The sub-contractor?s contention that it was entitled to a far greater sum than the amount found by the adjudicator to be due should be dismissed

Sat, 8th July 2000

Balfour Kilpatrick Limited V Glauser International SA

Balfour Kilpatrick Ltd sought to enforce the decision of an adjudicator. The defendant argued that the notice to refer was defective in that it sought to refer more than one dispute in a single reference.

Fri, 30th June 2000

Nottingham Community Housing Association Limited -v- Powerminster Limited

The contract for the maintenance and repair of gas appliances (comprising central heating systems, fires and cookers) was a ?construction operation? within the meaning of section 105(1)(a) of the Construction Act 1996

Thu, 29th June 2000

Christiani & Nielsen Limited -v- The Lowry Centre Development Company Limited

The parties did not make an ad hoc appointment for the adjudicator to determine his jurisdiction and even if they did, this did not necessarily mean that the adjudicator?s determination could not be reviewed by the court

Fri, 23rd June 2000

Stiell Ltd v Riema Control Systems Ltd

The contractor's application to recall the monies arrested (deposited) in court after the adjudicator had ordered the contractor to pay to the sub-contractor a proportion of the total sum claimed (which it did) should be rejected

Wed, 21st June 2000

RG Carter Ltd v Edmund Nuttall (Part I)

The sub-contractor was entitled to have the dispute adjudicated despite the additional dispute as to how the contract came into being and the full extent of the documents incorporated into the contract

Tue, 6th June 2000

John Mowlem & Co plc V Hydra-Tight Ltd

The contractor was not obliged under paragraph 8.1(e) of the ICE Adjudication Procedure to keep a current list of all the individual members of the set of barristers' chambers on the basis that this set constituted its "approved list" of adjudicators

Thu, 18th May 2000

Strathmore Building Services Limited -v- Colin Scott Greig t/a Hestia Fireside Design

The contractor?s court proceedings should not be stayed to arbitration on the basis that he did not serve an effective notice of intention to withhold payment under section 111 of the Housing Grants construction and Regeneration Act 1996

Thu, 18th May 2000

Strathmore Building Services Ltd v Greig

To be effective a notice of intention to withhold payment under section 111 of the Construction Act must be in writing and must be served before the payment application in respect of the proposed withholding is made

Fri, 14th April 2000

Nordot Engineering Services Limited -v- Siemens plc

The parties conferred ad hoc jurisdiction on the adjudicator to make a binding determination whether the sub-contract work was excluded from being a "construction operation" by section 105(2)(c) of the 1996 Act

Fri, 14th April 2000

Edmund Nuttall Ltd V Sevenoaks District Council

That part of the adjudicator's decision in which he mistakenly awarded the contractor a sum in respect of loss and expense which had already been paid by the employer on account should not be enforced by way of summary judgement

Fri, 14th April 2000

Herschell Engineering Limited -v- Breen Properties Limited

It was not the case that the court should not countenance concurrent adjudication and litigation proceedings in respect of the same cause of action (with the result that the employer should not be granted the injunction it sought to stop the adjudication proceedings)

Wed, 12th April 2000

Tim Butler Contractors Limited -v- Merewood Homes Limited

The contractor should be awarded summary judgement to enforce the adjudicator?s decision in respect of interim payment applications on the basis that the dispute as to that entitlement was one as to the contract?s terms

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