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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Wed, 23rd December 2009
RWE Npower Plc V Alstom Power Ltd
The contract precluded a set off from being raised against the sum awarded to the contractor by the adjudicator so that the employer was not entitled to set off its claim for liquidated damages where that claim was assumed to be bona fide, arguable and capable of operating as a set off
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Tue, 22nd December 2009
Jacques V Ensign Contractors Ltd
An adjudicator was not in breach of the rules of natural justice if the decision did not address each and every aspect of the evidence adduced by the parties
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Fri, 18th December 2009
O'Donnell Developments Ltd V Buildability Ltd
The adjudicator's application of the slip rule to correct the accidental error in his decision was made within his jurisdiction and the court could not and should interfere with it and even if the court could interfere, the error was an "inadvertent slip" and should not be interfered with
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Wed, 9th December 2009
Anglo Swiss Holdings Ltd v Packman Lucas Ltd
The proceedings brought by the clients against the consultant in which they claimed the sums directed by the adjudicator to be paid by them to the consultant should be stayed until the clients paid those sums
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Mon, 7th December 2009
Fenice Investments Inc V Jerram Falkus Construction Ltd
The employer should pay the costs of the Part 8 proceedings brought by it for declarations as to the true construction of the contract’s payment mechanisms on the standard basis and the costs of the contractor’s Part 7 proceedings to enforce the adjudicator’s on an indemnity basis
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Wed, 2nd December 2009
Enterprise Managed Services Ltd V Tony Mcfadden Utilities Ltd
If the adjudicator had taken more of a grip on the adjudication process (as he should have done), it was likely that he would have concluded that the adjudication could not be properly or fairly progressed and that the right course of action was for him to resign
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Fri, 20th November 2009
Jim Ennis Construction Ltd V Combined Stabilisation Ltd
The sub-sub-contractor remained bound by the final account agreement despite the sub-contractor having wrongly withheld the sum of the sum of £7,362 from the payment of £142,901 towards the agreed final account sum of £707,500 in breach of that agreement
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Tue, 17th November 2009
Allied P & L Ltd v Paradigm Housing Group Ltd
Statements of principle by Akenhead as to whether a dispute or difference capable of being referred to adjudication had arisen and as to a responding party challenging the adjudicator's jurisdiction in court enforcement proceedings by reserving its position in the adjudication
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Thu, 12th November 2009
Coventry Scaffolding Company (London) Ltd V Lancsville Construction Ltd
Akenhead J's guidance to practitioners seeking to enforce adjudicators' decisions where the defendant did not participate in court enforcement proceedings actively or at all
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Wed, 4th November 2009
Southern Electric Contracting Ltd V Mead Realisations Ltd
The defendant should pay the claimant's legal costs of the court enforcement proceedings to enforce the adjudicator's decision, which costs should not be confined to the (£100) fixed costs for such proceedings and instead should be assessed summarily
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Fri, 30th October 2009
Rok Building Ltd V Celtic Composting Systems Ltd (Part I)
The sum allowed by adjudicator's decision should be enforced by its payment by the contractor without any set off within 14 days of the date of the court hearing
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Thu, 29th October 2009
SG South Ltd v King’s Head Cirencester LLP
Considerations as to whether and in what circumstances fraud or deceit was or might be a defence in adjudication proceedings and in court proceedings for the enforcement of adjudicators’ decisions
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Thu, 8th October 2009
Geoffrey Osborne Ltd V Atkins Rail Ltd
The adjudicator was wrong in law to have ordered to order payment of sums to the sub-contractor in respect of his assessment of the value of its claims in its payment application 36 without taking into account any sums paid or allowed by the contractor in respect of its payment application 35
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Tue, 29th September 2009
JPA Design and Build Ltd v Sentosa (UK) Ltd
The employer should be permitted to set off the liquidated damages to which the adjudicator in the second adjudication decided it was entitled against the amount of the advance payment which the contractor was awarded in the first adjudication
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Thu, 3rd September 2009
Hart v Smith
The adjudicator’s decision in the first adjudication declaring the employers’ entitlement to certificates of non-completion under JCT 2005 should not be enforced by the contractor paying the sum in respect of liquidated damages claimed by the employers
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Tue, 1st September 2009
Balfour Beatty Engineering Services (HY) Ltd v Shepherd Construction
Propositions derived from caselaw as to what an adjudicator was required to give in terms of reasons if he was obliged to give a reasoned decision and the consequences of his failing to do so
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Mon, 17th August 2009
Barr Ltd v Klin Investment UK Ltd
The terms of the adjudicator’s decision in the third adjudication did not demonstrate that the adjudicator was apparently biased or in breach of the rules of natural justice
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Wed, 12th August 2009
Estor Ltd v Multifit (UK) Ltd
The holding company should have leave to defend the contractor’s application for summary judgment to enforce the adjudicator’s decision in its favour on terms
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Tue, 11th August 2009
Camillin Denny Architects Ltd V Adelaide Jones & Company Ltd
The architect should have summary judgment to enforce the adjudicator’s decision for the payment to it of outstanding fees by the client in the sum specified by the adjudicator
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Wed, 5th August 2009
Adonis Construction v O’Keefe Soil Remediation
There was arguably no construction contract in writing as a result of the sub-contractor’s acceptance of the contractor’s draft sub-contract order or the contractor’s letter of intent, the agreed minutes of the pre-start meeting and the sub-contractor starting work thereafter
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