Articles

If the adjudicator had taken more of a grip on the adjudication process (as he should have done), it was likely that he would have concluded that the adjudication could not be properly or fairly progressed and that the right course of action was for him to resign

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The sub-sub-contractor remained bound by the final account agreement despite the sub-contractor having wrongly withheld the sum of the sum of £7,362 from the payment of £142,901 towards the agreed final account sum of £707,500 in breach of that agreement

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Statements of principle by Akenhead as to whether a dispute or difference capable of being referred to adjudication had arisen and as to a responding party challenging the adjudicator's jurisdiction in court enforcement proceedings by reserving its position in the adjudication

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Akenhead J's guidance to practitioners seeking to enforce adjudicators' decisions where the defendant did not participate in court enforcement proceedings actively or at all

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The defendant should pay the claimant's legal costs of the court enforcement proceedings to enforce the adjudicator's decision, which costs should not be confined to the (£100) fixed costs for such proceedings and instead should be assessed summarily

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The sum allowed by adjudicator's decision should be enforced by its payment by the contractor without any set off within 14 days of the date of the court hearing

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Considerations as to whether and in what circumstances fraud or deceit was or might be a defence in adjudication proceedings and in court proceedings for the enforcement of adjudicators’ decisions

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The adjudicator was wrong in law to have ordered to order payment of sums to the sub-contractor in respect of his assessment of the value of its claims in its payment application 36 without taking into account any sums paid or allowed by the contractor in respect of its payment application 35

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As I look through my window on a wet October day in 2009, my thoughts turn to those Contractors and Sub-Contractors for whom holidays are well and truly over - and I am not talking about the bucket and spade variety!

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The employer should be permitted to set off the liquidated damages to which the adjudicator in the second adjudication decided it was entitled against the amount of the advance payment which the contractor was awarded in the first adjudication

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The adjudicator’s decision in the first adjudication declaring the employers’ entitlement to certificates of non-completion under JCT 2005 should not be enforced by the contractor paying the sum in respect of liquidated damages claimed by the employers

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If you want to know the meaning of pressure, try negotiating with a hostage taker whose demands are extremely unreasonable and whose motivations are political, racial or based on religious beliefs when a person's life is on the line - then you will really experience what it is to have a difficult conversation!

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Propositions derived from caselaw as to what an adjudicator was required to give in terms of reasons if he was obliged to give a reasoned decision and the consequences of his failing to do so

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The process of Mediation is one of the most common forms of Alternative Dispute Resolution, or ADR. The 'Alternative' referred to is the alternative to a trial and process leading up to trial.

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The true construction of the contract was that the contractor was entitled to pursue its reference to adjudication despite having referred the same dispute to arbitration

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The terms of the adjudicator's decision in the third adjudication did not demonstrate that the adjudicator was apparently biased or in breach of the rules of natural justice

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The holding company should have leave to defend the contractor’s application for summary judgment to enforce the adjudicator’s decision in its favour on terms

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The architect should have summary judgment to enforce the adjudicator’s decision for the payment to it of outstanding fees by the client in the sum specified by the adjudicator

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There was arguably no construction contract in writing as a result of the sub-contractor’s acceptance of the contractor’s draft sub-contract order or the contractor’s letter of intent, the agreed minutes of the pre-start meeting and the sub-contractor starting work thereafter

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The adjudicator's decision was invalid on the ground that it was made in an adjudication where the request for the adjudicator's appointment preceded the contractor's notice of the adjudication

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