Adjudication Case Summaries

Akenhead J in this case reviewed the caselaw on what constitutes "a dispute" for adjudication and arbitration purposes. In particular he considered the statements of Judge LLoyd in KNS Industrial Services (Birmingham) Ltd -v- Sindall Ltd (2001), the Court of Appeal's decisions in Collins (Contractors) v Baltic Quay Management (2004) and Amec Civil Engineering v Secretary of State for Transport (2005).

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The sub-contractor was not entitled to the declaration it sought, namely that the contractor would not be entitled in the adjudication it had begun against the sub-contractor to recover damages in respect of its claim that the sub-contractor was in breach of contract by producing defective floors

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The omission from the contractor's notice of adjudication of the name of the owner of the contractor's business as the contracting party did not invalidate the entire adjudication proceedings for non-compliance with paragraph 1(3) of the Scheme for Construction Contracts

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The adjudicator's decision that the contractor had wrongly withheld various amounts from the sum otherwise due to the sub-contractor in respect of an interim payment application should be enforced by requiring the contractor to pay to the sub-contractor the total sum withheld

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The employer's jurisdictional challenge based on there being no contract in writing could not succeed in the court enforcement proceedings on the basis that the employer failed to reserve its position in the event of the adjudicator rejecting the challenge

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The contractor was entitled to interest on the sum awarded by the adjudicator for the period of time ordered by the adjudicator notwithstanding that it could properly be said that the contractor was entitled to interest for a longer period of time

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The statement of the contractor's director in the adjudication that there was an oral variation to the contract was not denied by the employer in the adjudication and therefore constituted a written agreement under section 107(5) of the Construction Act

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The court should enforce the adjudicator's decision awarding the contractor the full amount of its interim payment application under JCT 98 WCD where the employer had failed to give notice under clause 30.3.3 specifying the amount of the payment proposed to be made

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The contractor was entitled to the interim payments which had fallen due under JCT 98 WCD more than 28 days before the purported determination of the contractor's employment (for alleged poor progress) on the basis that the proviso to clause 27.6.5.1 applied in such circumstances

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The builder's incorporation of a company after the contract had been concluded between himself and the employer and the use of the company's name on letters and invoices subsequently issued by the builder did not mean that no dispute could have arisen for adjudication purposes

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The court's inherent jurisdiction should be exercised by granting a temporary stay of the court proceedings brought by the sub-contractor so that there could be a (second) adjudication of the dispute involving the sub-contractor's valuation claim brought in the court proceedings

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Notwithstanding that the adjudicator's decision had to be completed within the period required by under paragraph 19 of the Scheme for Construction Contracts, the adjudicator's decision, which was issued one day out of time, was nevertheless valid in the light of the defendant's conduct

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The adjudicator's decision in the contractor's favour should be enforced by the court on the basis of rejecting the employer's objections to the enforcement of the decision that the contract was not in writing

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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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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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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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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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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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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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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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