Adjudication Case Summaries

The consequences and ramifications of the improper submission of "without prejudice" material before an adjudicator

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Propositions in relation to the parties conferring jurisdiction on the adjudicator to decide his own jurisdiction

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Propositions to determine whether an adjudicator's reasoning in his decision was binding on another adjudicator in a subsequent adjudication applied

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The adjudicator's conclusion in the second adjudication that he was not bound by the adjudicator's comments in the first adjudication as to the applicability of SMM7 was one in relation to "the conduct of the adjudication" under the TeCSA rules

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The enforcement proceedings brought by the sub-contractor in respect of the adjudicator's decision in its favour should not be stayed to arbitration pursuant to the arbitraton agreement in the sub-contract

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Propositions of law as to enforceability of an adjudicator's decision by an insolvent corporate party

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If it had been necessary to make a finding, the court would probably have decided that the contractor did not waive its right to reserve its position as to the adjudicator's jurisdiction by only making that reservation in its second defence served two days after its original defence

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The adjudicator in the second adjudication had not been required to resign on the ground that the in the first adjudication was the same or substantially the same as that determined by the adjudicator in the first adjudication

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The fact that the adjudicator knew that an offer had been made by the sub-contractor would not have led a fair-minded and informed observer to conclude that the adjudicator was or even might have been biased

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Propositions formulated by Akenhead J to determine whether a party objecting to the adjudicator's jurisdiction impliedly agreed that the adjudicator should make a binding ruling as to his own jurisdiction or waived the right subsequently to object to his jurisdication

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The employer was wrong to contend that the contractor was advancing a different jurisdictional case to that it advanced in the adjudication, had elected to advance one case in adjudication and should not now be permitted to advance a different case in the court enforcement proceedings

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The defendant's contention based on not having been given the opportunity to waive its complaint of apparent bias on the adjudicator's part should be rejected

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The adjudicator's delivery of his decision three days after the final day for him to reach his decision constituted a failure to comply with his obligation to deliver it to the parties as soon as possible after reaching it under paragraph 19(3) of the Scheme for Construction Contracts

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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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The effect of articles 6 and 7 of the JCT Minor Works Form was that a party who wished to refer a dispute for resolution has the choice of either adjudication or arbitration and if a party chose arbitration, the other party had no option but to accept that choice

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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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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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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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The part of the adjudicator's decision in respect of which she did have jurisdiction could not be severed from the part in respect of which she did not have jurisdiciton with the result that the decision in the sub-contractor's favour should not be enforced

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Propositions of Coulson J as to the adjudicator's obligation to attempt to answer the question referred to him and the consequences of the adjudicator failing to do so in terms of the enforceability of his decision

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