Adjudication Case Summaries

Below you will find summaries of Adjudication cases that have come before the courts.

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Search our total archive of 404 Adjudication articles

161 to 180 of 404 articles

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Tue, 25th April 2006

Westdawn Refurbishments Ltd v Roselodge Ltd

Not all the material terms of the contract were in writing within the meaning of section 107 of the Construction Act

Mon, 20th March 2006

Rohde v Markham-David

The default judgment obtained by the builder enforcing the adjudicator's decision in the absence of the employer acknowledging service of the enforcement proceedings should be set aside

Mon, 20th March 2006

William Verry Ltd v London Borough of Camden

The local authority was not entitled to deduct monies from the sum awarded by the adjudicator in respect of an interim certificate on the grounds that the sum was inconsistent with the final certificate and that the local authority had a defects counterclaim

Wed, 8th March 2006

Capital Structures Plc V Time & Tide Construction Ltd

The adjudicator's award of the sum the contractor was to pay under the settlement agreement should not be enforced by summary judgment where the contractor had an arguable case that the agreement had been procured by the sub-contractor's economic duress

Mon, 6th March 2006

Kier Regional Ltd v City And General (Holborn) Ltd (Part I)

The adjudicator's decision was not made in breach of the rules of natural justice notwithstanding that the adjudicator refused to consider two expert reports submitted on behalf of the employer during the course of the adjudication

Thu, 9th February 2006

John Roberts Architects Ltd v Parkcare Homes (Part II)

The adjudicator's direction that the client should pay the architect's costs of the adjudication should be enforced by the court where the client abandoned the adjudication proceedings it brought against the architect without the adjudicator making a decision

Mon, 6th February 2006

Interserve Industrial Services Ltd v Cleveland Bridge UK Ltd

The award of a specified sum to the sub-sub-contractor by the adjudicator in the second adjudication should be enforced notwithstanding that the adjudicator in the third adjudication awarded to the sub-contractor a greater sum to be paid by the sub-sub-contractor

Thu, 2nd February 2006

Quietfield v Vascroft Contractors (Part I)

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

Wed, 18th January 2006

Andrew Wallace Ltd v Artisan Regeneration Ltd

Enforcement of the adjudicator's decision should not be refused on the ground of significant lack of credibility, namely that the architect was guilty of various statutory offences and of fraudulently amending the contract to change the identity of the contracting party

Mon, 16th January 2006

Harlow & Milner Ltd v Teasdale (Part I)

No costs order should be made in relation to the bankruptcy proceedings brought by the contractor to enforce the sum awarded in its favour by the adjudicator against the homeowner which resulted in its statutory demand being set aside by consent

Thu, 12th January 2006

Ardmore Construction Ltd v Taylor Woodrow Construction Ltd

The adjudicator was in breach of the rules of natural justice in having made an award in the sub-contractor's favour on the basis of a ground not advanced by the sub-contractor when at no time prior to the decision had there been any discussion in relation to this ground

Thu, 29th December 2005

Castle Inns (Stirling) Ltd v Clark Contracts Ltd

That adjudicator's finding that the employer should pay all his fee and expenses could not be reconsidered and was not susceptible of challenge in any subsequent court proceedings where the contract incorporated the JCT standard form of Scottish Building Contract

Mon, 19th December 2005

All in One Building & Refurbishments Ltd v Makers UK Ltd

There were disputes as to the sub-contractor's financial entitlement resulting from the allegedly wrongful termination of the sub-contract by the contractor at the time of service of the sub-contractor's notice of referral

Thu, 15th December 2005

Melville Dundas Ltd v George Wimpey UK Ltd - Part II

The contractor was entitled to the certified interim payment under the JCT Scottish Building Contract where the employer failed to serve any notice of intention to withhold payment before the employer terminated the contractor's employment and before the final date for payment

Mon, 5th December 2005

L Brown & Sons Ltd v Crosby Homes (North West) Ltd

The adjudicator had jurisdiction over disputes that arose under the parties' side agreements which had been entered into after the underlying building contract itself had been entered into and which introduced a bonus system and waived the payment of liquidated damages

Fri, 25th November 2005

Tera Construction Ltd v Lam

There should be no stay of execution on the summary judgment ordered in favour of the contractor enforcing the adjudicator's award of a specified sum

Thu, 24th November 2005

Midland Expressway Ltd v Carillion Construction Ltd (Part I)

The employer was not entitled to declarations and injunctions preventing the contractor from immediately referring to adjudication the dispute in respect of its interim payment claim

Wed, 16th November 2005

Carillion Construction Ltd v Devonport Royal Dockyard Ltd (Part III)

The adjudicator had the power to award interest where the adjudication was conducted under the Scheme for Construction Contracts notwithstanding that neither the sub-contract nor paragraph 20(c) of the Scheme contained an express provision for the award of interest

Fri, 11th November 2005

Captiva Estates Ltd v Rybarn Ltd

The contract for the construction of flats was a development agreement within the meaning of the Construction Contracts Exclusion Order 1998 where the consideration was a specified sum and an option for the contractor to purchase leases in respect of some of the flats

Thu, 10th November 2005

David McLean Contractors Ltd v The Albany Building Ltd

The challenge to the enforcement of the adjudicator's decision in favour of the contractor on the grounds that the employer had become entitled to liquidated damages and that that entitlement should be set off against the sum awarded to the contractor failed

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