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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Tue, 4th August 2009
Vision Homes Ltd v Lancsville Construction Ltd
The adjudicator’s decision was invalid on the ground that it was made in an adjudication where the request for the adjudicator’s appointment preceded the contractor’s notice of adjudication
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Wed, 29th July 2009
Beck Interiors Ltd v Russo
The guarantor had real prospects of successfully defending the contractor’s claim against him under the guarantee for the sum which the adjudicator decided should be paid by the employer to the contractor
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Tue, 28th July 2009
Workspace Management Ltd v YJL London Ltd
The contractor was entitled to set off the overpayment which the adjudicator found that it had made to the employer from the sum which the contractor was ordered to pay by the arbitrator as an interim payment in respect of the costs for which it was liable to the employer in the arbitration
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Fri, 24th July 2009
Jim Ennis Construction Limited v Premier Asphalt Limited
The sub-contractor’s cause of action in the court proceedings it brought to recover the amount of the deduction it made from the sub-sub-contractor’s final account for allegedly defective work was not statute barred by limitation
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Tue, 14th July 2009
Windglass Windows Ltd V Capital Skyline Construction Ltd
The cross claim which the contractor sought to bring in the adjudication by way of defence to the sub-contractor’s claim could not properly be brought in the absence of an effective withholding notice having been given by the contractor in respect of that claim
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Wed, 8th July 2009
Aceramais Holdings Ltd v Hadleigh Partnerships Ltd
Even if the employer had established that there was no contract in writing for the purposes of the Construction Act, the court would nevertheless have been reluctant to exercise its discretion in favour of making the declaration sought by the employer that there was no such contract
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Thu, 25th June 2009
William Hare Ltd v Shepherd Construction Ltd
The true construction of the “pay when paid” clause in the sub-contract was that it only bit if the employer were the subject of a court made administration order under Part II of the Insolvency Act 1986 as amended, which it was not
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Thu, 18th June 2009
North Midland Construction Plc V Ae & E Lentjes Uk Ltd
The enabling and civil engineering works to be carried out under the sub-contracts at the power stations were construction operations within section 105(1) of the Construction Act and were not excluded as being the assembly or installation of plant or machinery under s105(2)(c)(i)
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Tue, 16th June 2009
Primus Build Limited v Pompey Centre Limited
The adjudicator’s decision should not be enforced on the grounds that the adjudicator acted without jurisdiction and in breach of the rules of natural justice by calculating the construction manager’s loss of profits based on an approach which neither party had raised before him
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Thu, 7th May 2009
Bovis Lend Lease Ltd v Cofely Engineering Services
As a matter of construction of the sub-contract, the parties agreed that the RICS would be the adjudicator nominating body
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Tue, 5th May 2009
Letchworth Roofing Company v Sterling Building Company
It was not the case that the adjudicator acted in breach of the rules of natural justice by not properly deciding the dispute before him
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Wed, 8th April 2009
HS Works Ltd V Enterprise Managed Services Ltd
The decisions of the adjudicators in the two adjudications should both be enforced
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Fri, 27th March 2009
London Borough Of Camden V Makers Uk Ltd
The default judgment obtained by the local authority in default of the contractor having filed its defence with the court by the specified date should be set aside without any conditions being imposed by the court
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Thu, 12th March 2009
Shaw v Massey Foundation & Pilings Ltd
The homeowners were not the residential occupiers of the building in their property on which the work was carried out within the meaning of section 106 of the Construction Act
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Tue, 24th February 2009
Linnett v Halliwells Llp
Whether or not the adjudicator had jurisdiction to make his decision on the merits, the responding party was liable to pay the adjudicator his reasonable fees and expenses and was jointly and severally liable with the referring party to the adjudicator for those fees and expenses
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Wed, 4th February 2009
Mead General Building Ltd V Dartmoor Properties Ltd
The summary judgment entered against the employer for the enforcement of the adjudicator's decision in the contractor's favour should not be stayed pursuant to RSC Order 47, rule 1
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Sat, 31st January 2009
YCMS Ltd v Grabiner
The circumstances in which an adjudicator can revise his decision (the "slip rule") derived from caselaw
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Fri, 30th January 2009
Thermal Energy Construction Ltd V AE & E Lentjes Uk Ltd
The adjudicator's decision in the sub-contractor's favour should not be enforced on the ground that the adjudicator failed to consider the contractor's defence of set off and counterclaim
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Wed, 28th January 2009
Bovis Lend Lease Ltd v The Trustees Of The London Clinic
The employer's contention that the contractor's claim for loss and expense was new and based on new expert evidence with the results that there was no crystallised dispute in respect of the claim and that the adjudicator had no jurisdiction to determine the claim should be rejected
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Tue, 27th January 2009
Able Construction (UK) Ltd v Forest Property Development Ltd
The fact that the contractor's claim came before the court as a claim due in consequence of a breach of a settlement agreement made no difference to the general approach that the court would ordinarily enforce the adjudicators' decisions on a summary basis
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