Articles

The default judgment obtained by the local authority in default of the contractor having filed its defence with the court by the specified date should be set aside without any conditions being imposed by the court

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With reports that the Dubai Government is about to pass a law that will require all construction disputes to go through a mediation centre before they can be litigated in the courts, Managing Director of The Vinden Partnership, Peter Vinden, calls for similar action to be taken in the UK.

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Anybody reading this article who has been involved in a construction dispute will know that it can be an expensive business. Lawyers do not wear nice suits because they are cheap to hire!

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The homeowners were not the residential occupiers of the building in their property on which the work was carried out within the meaning of section 106 of the Construction Act

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Whether or not the adjudicator had jurisdiction to make his decision on the merits, the responding party was liable to pay the adjudicator his reasonable fees and expenses and was jointly and severally liable with the referring party to the adjudicator for those fees and expenses

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The summary judgment entered against the employer for the enforcement of the adjudicator's decision in the contractor's favour should not be stayed pursuant to RSC Order 47, rule 1

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The circumstances in which an adjudicator can revise his decision (the "slip rule") derived from caselaw

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The adjudicator's decision in the sub-contractor's favour should not be enforced on the ground that the adjudicator failed to consider the contractor's defence of set off and counterclaim

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The employer's contention that the contractor's claim for loss and expense was new and based on new expert evidence with the results that there was no crystallised dispute in respect of the claim and that the adjudicator had no jurisdiction to determine the claim should be rejected

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The fact that the contractor's claim came before the court as a claim due in consequence of a breach of a settlement agreement made no difference to the general approach that the court would ordinarily enforce the adjudicators' decisions on a summary basis

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Clause 12.4 of the sub-contractor's terms and conditions was in accordance with the Construction Act and the adjudicator had therefore been validly appointed by reference to those terms and conditions

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I attend a lot of settlement meetings with clients. These are invariably conducted on a “without prejudice” basis and the purpose of such a meeting is both simple and given away by its title.

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Whilst the court had jurisdiction to make the declarations sought by the employer in relation to the future conduct of the adjudication and, in particular, to the risk of a breach of natural justice if it was conducted in accordance with the present timetable, they should not be made

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Even if the contractor had a good ground for challenging the adjudicator's jurisdiction, it nevertheless submitted to the adjudicator's jurisdiction

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There was one ?main? sub-contract which was in effect varied by the parties with the introduction of additional works with the results that the adjudicator was entitled to rule on his jurisdiction and had the jurisdiction to decide all the disputes referred

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There was no breach of the rules of natural justice by the adjudicator as a result of him not carrying out a site inspection

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The contractor's contention that the adjudicator did not have jurisdiction by reason of the sub-contract containing an oral fitness for purpose term should be rejected

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The adjudicator could not be said to have acted in excess of jurisdiction by having stated in his award that he was reluctant to construe the contract in the way suggested ?for obvious reasons of reasonableness"

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The adjudicator's refusal to consider the sub-contractor's omissions defence meant that he was guilty of a significant jurisdictional error and did not act in accordance with the requirements of natural justice

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The contractor was entitled to a declaration in the Part 8 proceedings it brought as to whether it was or was not in breach of contract as a result of the adjudicator?s decision

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