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, 21st January 2009
Dalkia Energy And Technical Services Ltd V Bell Group Uk Ltd
Clause 12.4 of the sub-contractor's terms and conditions was in accordance with the Construction Act and the adjudicator had therefore been validly appointed by reference to those terms and conditions
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Sun, 18th January 2009
The Dorchester Hotel Ltd V Vivid Interiors Ltd
Whilst the court had jurisdiction to make the declarations sought by the employer in relation to the future conduct of the adjudication and, in particular, to the risk of a breach of natural justice if it was conducted in accordance with the present timetable, they should not be made
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Thu, 8th January 2009
Osc Building Services Ltd V Interior Dimensions Contracts Ltd
Even if the contractor had a good ground for challenging the adjudicator's jurisdiction, it nevertheless submitted to the adjudicator's jurisdiction
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Tue, 23rd December 2008
Air Design (Kent) Ltd V Deerglen (Jersey) Ltd
There was one ?main? sub-contract which was in effect varied by the parties with the introduction of additional works with the results that the adjudicator was entitled to rule on his jurisdiction and had the jurisdiction to decide all the disputes referred
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Tue, 23rd December 2008
Gipping Construction Ltd V Eaves Ltd
There was no breach of the rules of natural justice by the adjudicator as a result of him not carrying out a site inspection
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Fri, 19th December 2008
Euro Construction Scaffolding Ltd V SLLB Construction Ltd
The contractor's contention that the adjudicator did not have jurisdiction by reason of the sub-contract containing an oral fitness for purpose term should be rejected
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Tue, 16th December 2008
Curot Contracts Ltd V Castle Inns (Stirling) Ltd
The adjudicator could not be said to have acted in excess of jurisdiction by having stated in his award that he was reluctant to construe the contract in the way suggested ?for obvious reasons of reasonableness"
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Mon, 15th December 2008
Quartzelec Ltd v Honeywell Control Systems Ltd
The adjudicator's refusal to consider the sub-contractor's omissions defence meant that he was guilty of a significant jurisdictional error and did not act in accordance with the requirements of natural justice
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Thu, 11th December 2008
Walter Lilly & Co Ltd V Dmw Developments Ltd
The contractor was entitled to a declaration in the Part 8 proceedings it brought as to whether it was or was not in breach of contract as a result of the adjudicator?s decision
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Tue, 9th December 2008
Westwood Structural Services Ltd V Blyth Wood Park Management Company Ltd
It was not the case, as the employer, that it was under no obligation to make any further payment to the contractor by the application of clause 7.2. the JCT Minor Works Form 98, including the sums found due to it in the adjudication
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Mon, 8th December 2008
PT Building Services Ltd V Rok Build Ltd
The contractor's statements to the adjudicator in the second adjudication that the decision in the first adjudication was valid and precluded him from proceeding meant that it could not seek to challenge the validity of the decision
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Thu, 4th December 2008
Balfour Beatty Construction Northern Ltd V Modus Corovest (Blackpool) Ltd
The adjudicator's decision was not unenforceable on the ground that the contract required it to be a reasoned one but the adjudicator himself stated in his decision that it was not reasoned
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Wed, 19th November 2008
Andrew Wallace Ltd V Noon
The fact that the adjudicator had acted as an adjudicator and a mediator in relation to other disputes to which the referring party had been a party did not mean that the adjudicator was apparently biased in relation to the adjudication which formed the subject matter of the instant case
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Mon, 17th November 2008
Allen Wilson Joinery Ltd v Privetgrange Construction Ltd
The adjudicator's decision for the contractor to pay the sub-contractor a specified sum should not be enforced by reason of there being a triable issue as to whether there were terms of the contract between those parties which were orally agreed
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Fri, 17th October 2008
Kier Regional Ltd V City And General (Holborn) Ltd (Part II)
Assuming that there had been a debt due and owing from the third parties to the developer (as judgment debtor), the court’s discretion should not be exercised by making final the interim third party debt orders obtained by the contractor (as judgment creditor)
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Thu, 25th September 2008
Birmingham City Council V Paddison Construction Ltd
The dispute referred to the adjudicator in the second adjudication was the same or substantially the same as the dispute referred to the adjudicator in the first adjudication
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Wed, 17th September 2008
Benfield Construction Ltd v Trudson (Hatton) Ltd
The adjudicator in the third adjudication did not have the jurisdiction to embark upon and to decide the issues in the that adjudication
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Tue, 16th September 2008
Vitpol Building Service V Samen
The court had the jurisdiction to determine the parties' dispute as to whether there was a contract and terms of the contract contended for by the contractor despite no adjudication having been begun and directions should be made to enable that determination to be made
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Tue, 19th August 2008
CSC Braehead Leisure Ltd V Laing O'Rourke Scotland Ltd
Whilst an adjudicator could in principle issue an interim decision, if he did not issue a final decision with the required time, it was invalid but the decision in the instant case was not an interim one
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Fri, 15th August 2008
CJP Builders Ltd v William Verry Ltd
The adjudicator was wrong, as a matter of construction of DOM/2, to determine that he had no jurisdiction to extend the responding party's time for service of its response (beyond seven days) and was in material breach of the rules of natural justice in having made that determination
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