Adjudication Case Summaries

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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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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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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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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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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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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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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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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The contractor's application for a declaration under CPR Part 8 for a declaration that the employer's withholding notice in respect of the sum in the interim payment certificate it had issued was invalid should be dismissed

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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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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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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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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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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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The part of the settlement agreement between the employer and the contractor by which a specified sum was to be withheld from the contractor until a specified date and released on that date subject to various conditions did not constitute a construction contract

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The contractor could not argue its case that there was a contract in writing before the court on different grounds to those it advanced before the adjudicator

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The effect of the oral instructions which varied or increased the scope of the sub-sub-contract works was not to remove the sub-sub-contract from the scope of section 107 of the Construction Act

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The court's discretion should be exercised by enforcing the summary judgment in the contractor's favour by ordering the sale of the homeowner's investment properties without a stay of that order

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The contractor was entitled to withdraw its claim for the indirect costs of a change order issued by the Ministry of Transport from the adjudication begun by the employer against the Ministry which the contractor had been joined into in order to pursue this claim

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The employer's challenge to the enforcement of the adjudicator's award of an extension of time that the adjudicator was in breach of the rules of natural justice by failing in his award to give reasons or adequate reasons for the extension of time he granted should be rejected

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