Adjudication Case Summaries

Clause 9A of the trade contract, which required the trade contractor to pay the employer's legal costs of any reference made by it to adjudication, was in conflict with the requirements of section 108 of the Construction Act and the Scheme for Construction Contracts

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The true construction of the "pay when paid" clause in the sub-contract was that it did not cover an insolvency which was "self-certified" by the employer itself having appointed an administrator; and only bit if the employer were the subject of a court made administration order

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The clients should be restrained by injunctions from taking any substantive step in the adjudications commenced by them until they complied with the court's orders for them to honour the adjudicator's decisions in the adjudications brought by the consultant and costs orders

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The adjudicator had jurisdiction to make his decision despite there having been no written contract by reason of the parties' exchanges in the adjudication and/or the court proceedings amounting to an exchnage of written submissions under section 107(5) of the Construction Act

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It was not the case that the adjudicator in coming to his decision disregarded a material consideration, namely the allegation of theft by the contractor, or failed properly to address that issue

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Principles relevant to the interplay between adjudication and the rules of natural justice set out by Coulson J

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The circumstances in which it might be appropriate for the court to make a declaration under the Part 8 procedure with particular reference to a declaration in relation to adjudication

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The approach to be adopted if a term of a construction contract does not comply with the adjudication or payment provisions required by the Construction Act

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The contractor's contention that the adjudicator acted in breach of the rules of natural justice by reaching a decision contrary to the overwhelming weight of evidence and by wrongly failing to apply the "slip" rule to correct the errors in his decision pointed out by it should be rejected

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The contractor’s contention that there were two sub-contracts should be rejected with the result that the adjudicator’s decision awarding the sub-contractor a specified sum should be enforced by summary judgment

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Execution on the summary judgment entered in the contractor's favour enforcing the adjudicator's award should not be stayed on the ground that there were exceptional circumstances within the meaning of Order 47, rule 1(a) in the form of there being a probability that the contractor would be unable to repay the judgment sum

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The statutory demands made by the contractor against the homeowners in respect of the sum which the adjudicator directed the homeowners to pay the contractor should be set aside

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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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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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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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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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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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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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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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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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