Adjudication - Blog Tag

Court of Appeal Approves Forum Shopping in Adjudication

Lanes Group Plc v Galliford Try Infrastructure Ltd [2011]

Adjudicators - Whose side are you on anyway?

It's an Adjudicator's duty to consider the conflicting arguments and reach a decision on whose argument he prefers. But what happens if he thinks both parties have got it wrong...

Improving an Old Friend

By the time the Local Democracy, Economic Development and Construction Act 2009 ("Construction Act 2009") comes into force on 1 October 2011, 4,901 days will have passed from the implementation of its forerunner, the Housing Grants, Construction and Regeneration Act 1996 ("Construction Act 1996") which was implemented on 1 May 1998.

Nap Anglia Ltd V Sun-Land Development Co Ltd

The devloper should pay 85% of the contractor's cost of the hearing enforcing the award to it by the adjudicator by way of summary judgement to be paid on the standard basis

Herbosh-Kiere Marine Contractors Ltd V Dover Harbour Board

The adjudicator's adoption of his own methodology to assess the contractor's financial entitlement which formed no part of the dispute referred to him without giving the parties the opportunity to comment on it was in excess of his jurisdiction and in breech of the rules of natural justice

Highlands And Islands Airports Ltd V Shetland Islands Council

The adjudicator was materially in breach of the rules of natural justice in obtaining the legal advice of senior counsel on an issue by failing to tell the parties that he was going to do so, to inform them of the advice and to give them an opportunity to comment on it

Lanes Group Plc V Galliford Try Infrastructure Ltd

"Forum" shopping by a referring party allowing an adjudication to lapse because it disapproved of the appointed adjudicator and then starting a fresh adjudication before a different adjudicator was not appealing but not prohibited.

Sprunt Ltd V London Borough Of Camden

The provision in the adjudication agreement in the framework agreement enabling the local authority to nominate adjudicators was invalid

Partner Projects Ltd V Corinthian Nominees Ltd

The employer's application for a stay of execution of the summary judgement ordered to enforce the adjudicators decision in the contractor's favour should be refused

Carillion Construction Ltd V Smith

Propositions formulated by Akenhead J as to whether the same or substantially the same dispute had been referred to or resolved in an earlier adjudication

NAP Anglia Ltd V Sun-Land Development Co Ltd

The adjudiator's timetable could not be said to be unreasonable with the result that he could not be said to have acted in breach of the rules of natural juctice

Systech International Ltd V PC Harrington Contractors Ltd

The adjudicator was entitled to recover his fees on all three adjudications from the contractor in accordance with the adjudicators decision that it should pay them

Witney Town Council V Beam Construction (Cheltenham) Ltd

Propositions derived by Akenhead J as to what could constitute a dispute for adjudication (and arbitration) purposes

Carillion Utility Services Ltd V SP Power Systems Ltd

The adjudicator did not act in breech of the rules of natural justice in applying his own reasoning to assess the quantum of the contractor's claim but did act in breech in not giving notice of the commercial rates he applied which he derived from his own experience

Jerram Falkus Construction Ltd V Fenice Investments Inc

The adjudicator's decision in the third adjudication rejecting the contractor's claim that time was at large and/or that it was entitled to anything further arising in respect of delay was conclusive in accordance with clause 1.9.4

Hyder Consulting (UK) Ltd V Carillion Construction Ltd

The adjudicator's failure to allow it to comment on his methodology and the figures he proposed to use in arriving at his valuation of the target cost did not amount to a breach of the rules of natural justice.

Fenice Investments Inc V Jerram Falkus Construction Ltd

The employer should have summary judgment to recover the balance of the fees charged by the adjudicator and paid by it to the adjudicator where the adjudicator directed that the contractor should pay his fees but it only paid a small proportion of those fees

Lanes Group Plc V Galliford Try Infrastructure Ltd (No 3)

The adjudicator was apparently biased by producing his "preliminary views and findings of fact" document

Urang Commercial Ltd V Century Investments Ltd

The adjudicator could not be said to have acted in breach of the rules of natural justice by declining to deal with the employer's counterclaim on its merits on the mistaken ground that the employer failed to serve a withholding notice in respect of that counterclaim

Cain Electrical Ltd v Cox

Summary judgement should be ordered to enforce the adjudicator's award to the sub-sub-contract dispite it having adduced evidence in the adjudication that terms of the sub-sub-contract were agreed orally

CRJ Services Ltd V Lanstar Ltd

There was no reasonable prospect on the evidence before the court of the hirer being able to establish that the hirer's manager did not have appropriate authority to enter into the long term hire contract in question

Lanes Group Plc V Galliford Try Infrastructure Ltd (No 2)

Whilst the contractor was in breach of the contractural adjudication agreement by deliberatley failing to serve its referral within two days of the adjudicator's appointment, this breach could not constitute a repudiatory breach of the agreement

Profile Projects Ltd V Elmwood (Glasgow) Ltd

The non-compliance (and subsequent striking out) of a contractural adjudication provision with section 108 of the Construction Act did not mean that all the provisions of the agreement where replaced by the Scheme

Lanes Group Plc V Galliford Try Infrastructure Ltd (No 1)

The adjudicator had jurisdiction despite the contractor's failure to send to the adjudicator and to the sub-contractor all the documetns supporting its notice of referral within two days of the adjudicator's appointment in breach of the ICE Adjudication Procedure

Durham County Council V Kendall

The architect's challenges in the court proceeedings to the adjudicator's jurisdiction, if valid, would not prevent the adjudicator's decision from being enforced since the architect had waived any rights to raise such challenges

SGL Carbon Fibres Ltd V RBG Ltd

Principles set out by Lord Glennie as to the circumstances in which an adjudicator should be permitted to use his knowledge and experience to determine issues with "facts" which went beyond those brought out in the evidence

PC Harrington Contractors Ltd V Tyroddy Construction Ltd

The adjudicators breached the rules of natural justice by not determining the sub-contractor's defence as to the true value of the final account and giving the parties the opportunity of being heard on the defence

Redwing Construction Ltd V Wishart (No 2)

The recoverability as costs of the uplift under a conditional fee agreement or the premium for an after the event insurance in relation to adjudication enforcement proceedings

Paton (Petition Of)

The adjudicator had not acted in breach of the rules of natural justice by wrongly using his own knowledge and experience in formulating the approach he adopted in coming to his decision

Ellis Building Contractors Ltd V Goldstein

The consequences and ramifications of the improper submission of "without prejudice" material before an adjudicator