Articles

The decision should be enforced notwithstanding the contractor's contention that it had validly determined the sub-contract and that all sums of money otherwise due under the sub-contract had thereby ceased to be due

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In Scotland whilst a challenge to an adjudicator's jurisdiction for continuing to act in contravention of paragraph 9(2) of the Scheme for Construction Contracts should be brought under Rule of Court 58, a similar challenge to an arbitrator's jurisdiction can be brought by seeking interdict

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The payment and withholding of payment provisions of the Construction Act 1996 should be enforced so as to ensure the prompt distribution of monies received by the construction consortium

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In Scotland the inhibition in the contractor's summons on the dependence of the action should not be recalled where the contractor showed a significant risk of the employer's insolvency and the contractor in any event had a good arguable case that a late notice of intention to withhold payment could not act as a potential defence to the contractor's claim

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The disputes arising out of the employer's counterclaim against the contractor for alleged breaches of contract in respect of defective workmanship and materials and incomplete work could properly be the subject matter of arbitration or court proceedings

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The adjudicator was not biased on the basis of the sub-contractor's criticisms of his conduct and even if those criticisms had been well founded, the court did not have the jurisdiction to order his removal

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The adjudicator acted in breach of the rules of natural justice by constructing the contractor’s case for it with regard to its claim for an extension of time without confronting the employer with that case

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The sub-contractor should not have summary judgement to enforce the adjudicator's decision for the payment to it of a specified sum by the contractor where the contractor served a notice of its intention to withhold payment of that sum by reason of the sub-contractor's alleged defaults

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The adjudicator acted in breach of the rules of natural justice by constructing the contractor's case for it with regard to its claim for an extension of time without confronting the employer with that case

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It was not the case that the adjudicator by reducing the amount of his award in the builder's favour on the ground that the amount of the reduction was accounted for by the builder's potential tax liability to the Inland Revenue in effect determined a matter which was clearly outside his jurisdiction

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The dispute referred to adjudication by the sub-contractor constituted only one "dispute", ie how much it should be paid by the contractor, despite the notice of adjudication specifying a number of heads of claim

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Execution on the summary judgment enforcing the adjudicator's decision should not be stayed

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The sub-contractor was not entitled to summary judgement to enforce the adjudicator's decision on the basis that the dispute decided in the adjudication as set out in the sub-contractor's payment application was not the dispute in the sub-contractor's notice of referral to adjudication

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The true construction of the requirement in section 107 of the Construction Act 1996 that a construction contract must be in writing

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The arrestments obtained by the pursuers in this Scottish procedural law case should be recalled

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The employer had no real prospect of success at trial in its defence to the contractor's application to enforce the adjudicator's decision in its favour that there was no agreement in writing within the meaning of section 107(1) of the Construction Act 1996

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The management contractor's application for execution to be stayed on the summary judgment awarded in the trade contractor's favour to enforce the adjudicator's decision on the ground of the trade contractor's financial position should be rejected

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The adjudicator's decision for the employer to pay the amount certified should be enforced without any deduction by reason of the employer?s failure to serve an effective notice of intention to withhold payment under section 111 of the Construction Act

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The effect of the deed of variation between the developer and the employer entered into after the Construction Act 1996 came into force, which varied the fee related provisions of the services agreement entered into before that date, was not that the Act applied to the services agreement

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The proposed adjudication by the contractor should not continue where the contractor had already brought separate court proceedings and the employer?s defence in those proceedings, if successful, would have been a complete answer to the claims in the proposed adjudication

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