Adjudication Cases

Thu, 13th January 2005

William Verry (Glazing Systems) Ltd v Furlong Homes Ltd

The response document served by the contractor in the adjudication began by the employer in which the contractor sought a longer extension of time than the one that formed the subject matter of the dispute referred by the employer did not constitute a new claim

more >

Tue, 21st December 2004

Balfour Beatty Construction Ltd v Serco Ltd

Principles of law governing an employer being entitled to set off liquidated damages against the amount awarded by an adjudicator in his decision in favour of a contractor

more >

Tue, 7th December 2004

Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd

The propositions advanced by Jackson J in Amec Civil Engineering v The Secretary of State for the Environment (2004) should be accepted and, in particular, the proposition that whilst the mere making of a claim did not amount to a dispute, a dispute would be held to exist once it could reasonably be inferred that a claim was not admitted

more >

Mon, 6th December 2004

Trustees of the Stratfield Saye Estate v AHL Construction Ltd

The contract was evidenced in writing within the meaning of section 107(2)(c)

more >

Thu, 4th November 2004

Bryen & Langley Ltd v Boston (Part I)

The contention that adjudication generally or the adjudication provisions in JCT 98 in particular caused unfairness within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999 was difficult to sustain

more >

Fri, 29th October 2004

Emcor Drake & Scull Ltd v Costain Construction Ltd

The fact that the sub-contractor included within its notice of referral in the second adjudication facts, matters and documentation (exceeding 4,000 pages) considered by the adjudicator in the first adjudication was not unfair and an abuse of the adjudication process

more >

Thu, 28th October 2004

Amec Capital Projects Ltd v Whitefriars City Estates Ltd (Part III)

The legal principles governing whether a tribunal was apparently biased

more >

Fri, 22nd October 2004

Melville Dundas Ltd v George Wimpey UK Ltd - Part I

The contractor had no valid claim for the sum certified under the JCT Scottish Building Contract where the employer terminated the contract before the final date for payment notwithstanding the employer’s failure to serve a notice of intention to withhold payment

more >

Tue, 19th October 2004

CIB Properties Ltd v Birse Construction Ltd

The test to determine whether it was fair that a complex dispute was referred to adjudication was whether the adjudicator was able to reach a fair decision within the time limits allowed by the parties (rather than whether the dispute was inherently too complex to be adjudicated)

more >

Fri, 15th October 2004

Hortimax Ltd v Hedon Salads

The installation of artificial lighting and blackout screens in and the improvement of the irrigation system in and to the greenhouses used for the growing of cucumbers were not "construction operations" by reason of falling within the exception to such operations as defined in section 105(2)(c)(ii) of the Construction Act

more >

Mon, 11th October 2004

Amec Civil Engineerig Ltd v Secretary of State for Transport (Part I)

The propositions that could be derived from case law as to the meaning of "dispute" in relation to adjudications

more >

Wed, 29th September 2004

Ruttle Plant Hire Ltd v The Secretary Of State For The Environment

The contract for cleaning up operations on farms arising out of the foot and mouth disease epidemic was a construction contract

more >

Thu, 26th August 2004

CPL Contracting Ltd v Cadenza Residential

Summary judgment should not be ordered in the contractor's favour to enforce the adjudicator's decision awarding the contractor unpaid balance of the contractor's interim payment application on the basis that no dispute had arisen in respect of that unpaid balance

more >

Tue, 27th July 2004

A & S Enterprises Ltd v Kema Holdings Ltd

The conduct of the adjudicator was such that there was a real possibility of bias on his part and that he was in breach of the requirements of natural justice on the basis of the comments he made in his decision about a representative of the employer not being available for a meeting

more >

Thu, 15th July 2004

Rossco Civil Eng. Ltd v DWR Cymru Cyfyngedic

The contract between the employer and the contractor limited company (which assumed the benefits and burdens of the contract originally made between the employer and the contractor partnership) was in writing within the meaning of section 107 of the Construction Act 1996

more >

Fri, 25th June 2004

Connex South Eastern Ltd v MJ Building Services Group Plc (Part I)

The contract was one in writing notwithstanding no written acceptance of the contractor’s tender, the acceptance of a repudiation of a contract did not prevent an adjudication and it was not an abuse of the process for the contractor to have started adjudication proceedings over a year after the contractor had purported to accept the employer’s repudiation

more >

Fri, 11th June 2004

William Verry Ltd v North West London Communal Mikvah

There was a dispute capable of being referred to adjudication when the contractor served its notice of adjudication that stated that the dispute was the contractor's entitlement to the release and payment of the first half of retention

more >

Fri, 28th May 2004

Alstom Signalling Ltd v Jarvis Facilities Ltd

There was nothing to prevent the court in an appropriate case from finally determining the dispute that formed the subject matter of the adjudication at the same time that it dealt with an application for summary judgment to enforce the decision

more >

Wed, 12th May 2004

McAlpine PPS Pipeline Systems Joint Venture V Transco plc

The nature of the contractor's case in its reply to the employer's response to its claim was such that the employer had a realistic prospect of arguing successfully that the adjudicator's decision did not respond to the dispute referred or was given on a dispute not referred

more >

Wed, 14th April 2004

Ritchie Brother (PWC) Ltd v David Philip (Commercials) Ltd (Part I)

Clarification provided as to the time limits for the adjudicator to reach his decision and communicate it to the parties under paragraph 19 of the Scheme for Construction Contracts

more >