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 May 2007
Mott MacDonald Ltd v London
The adjudicator's breaches of paragraphs 12(a) and 19(3) of the Scheme for Construction Contracts rendered his decision unenforceable and probability a nullity
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Thu, 17th May 2007
Mast Electrical Services v Kendall Cross Holdings Ltd
The sub-contractor was not entitled to declarations that the disputes it wished to adjudicate in respect of the three projects in question arose out of contracts in writing within the meaning of section 107 of the Construction Act 1996
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Mon, 14th May 2007
Bothma v Mayhaven Healthcare Ltd
The contractor should not have permission to appeal against the refusal of the judge at first instance to enforce the adjudicator's decision in its favour on the ground that it had referred four separate disputes to adjudication without having obtained the employer's consent
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Fri, 4th May 2007
Domsalla v Dyason
The adjudicator had jurisdiction despite one of the parties being a residential occupier and despite supplemental condition D5.3 of the JCT Minor Works Contract providing for the adjudicator to reach his decision "acting as an adjudicator for the purposes of section 108"
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Wed, 25th April 2007
Lead Technical Services Ltd v CMS Medical Ltd
Enforcement by the judge at first instance of the adjudicator's decision in the consultant's favour overturned by the Court of Appeal
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Wed, 25th April 2007
Melville Dundas Ltd v George Wimpey UK Ltd - Part III
The contractor had no valid claim for the payment admittedly due to it under JCT 98 With Contractor's Design where the employer terminated the contract after the final date for payment notwithstanding the employer's failure to serve a notice of intention to withhold payment
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Mon, 26th March 2007
Rhode v Markham David (Part II)
The adjudication proceedings brought by the builder were invalid on the basis that the notice of adjudication was never effectively served on the employer and the adjudicator's procedure was so unfair as to fatally compromise the validity of the proceedings
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Thu, 15th March 2007
Rc Pillar & Son V The Camber
Ad hoc jurisdiction was conferred on the adjudicator despite the employer's initial objections by the employer making positive cross claims in its response document and by the contractor agreeing to those claims being determined in return for the employer waiving its objections
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Thu, 1st February 2007
Aveat Heating Ltd v Jerram Falkus Construction Ltd
The non-compliance of one of the adjudication provisions in clause 38A.5 in the GC/Works Sub-Contract with section 108(2)(c) had the effect under section 108(5) that the Scheme for Construction Contracts replaced the adjudication procedure in the GC/Works Sub-Contract in its entirety
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Thu, 1st February 2007
HG Construction Ltd v Ashwell Homes (East Anglia) Ltd
The effect of clause 39A.7.1 of JCT 98 With Contractor's Design with regard to the adjudication's position in relation to dealing with an adjudication where the dispute was the same or substantially the same as a dispute in a previous adjudication
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Sun, 21st January 2007
Epping Electrical Company Ltd v Briggs and Forrester (Plumbing Services) Ltd
The adjudicator's decision should not be enforced on the ground that whilst he reached his decision (by having finalised it) before the expiry of the extended period for him to do so, the defendant's agreement to the extension was conditional on him issuing it to the parties
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Fri, 12th January 2007
Bennett (Electrical) Services Ltd v Inviron Ltd
The sub-sub-contractor's acceptance of the sub-contractor's letter of intent did not bring into existence a contract on the basis that the true construction of the letter was that the parties had agreed a request and restitutionary basis of remuneration
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Wed, 10th January 2007
Multiplex Constructions UK Ltd v Mott MacDonald Ltd
The contractor was entitled to a declaration that the adjudicator's decision as to the true interpretation of the contractual requirement for the structural engineer to give access to all its "pertinent records relating to the services" was binding and that the structural engineer was to comply with that decision
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Thu, 21st December 2006
Cubitt Building & Interiors Ltd v Fleetglade Ltd
Where the adjudicator was appointed on the seventh day after the service of the notice of intention to refer, the service of the referral notice on the eighth day after the service of the notice of intention to refer complied with the requirements of clause 41A.4.1 of JCT 98
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Wed, 20th December 2006
Quietfield v Vascroft Contractors (Part II)
The adjudicator's in awarding liquidated damages in the third adjudication was in breach of the rules of natural justice by not having considered the contractor's defence for an extension of time
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Mon, 13th November 2006
Gray & Sons Builders (Bedford) Ltd v Essential Box Company Ltd
Where the employer did not indicate that it would not be opposing the contractor's enforcement application until the day before the court hearing was to take place, the contractor should be awarded the costs of the court proceedings on an indemnity basis
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Tue, 7th November 2006
South West Contractors Ltd v Birakos Enterprises Ltd
The adjudicator was not in breach of the rules of natural justice by allegedly having failed to consider its case that the project manager's loss should have been mitigated on the basis that the court should not minutely examine an award to he had made such a mistake
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Fri, 3rd November 2006
Hart Investments v Fidler
The service of the contractor's referral notice eight days after its notice of adjudication, rather than within the seven day period required by the Act and the Scheme for Construction Contracts, was irregular and invalid with the result that the adjudicator had no jurisdiction
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Thu, 12th October 2006
RJ Knapman Ltd v Richards
That part of the adjudicator's decision awarding the contractor a specified sum should be enforced notwithstanding the employer's contention that whilst the contractor had approbated that part of the decision, it had reprobated another part
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Tue, 3rd October 2006
McConnell Dowell Constructors (AUST) PTY Ltd v National Grid Gas Plc
The adjudicator had jurisdiction on the basis that the employer's contention that the claims brought by the employer in the adjudication were settled by a separate supplemental agreement should be rejected
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