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Yarm Road Ltd v Costain Ltd

The substitute sub-contractor could under the novation agreement adjudicate disputes against the contractor under the Construction Act 1996 on the basis that the agreement was a construction contract under section 104 (1)(a) and (6)(a)

Wimbledon Construction Company 2000 Ltd v Vago

The principles to be derived from caselaw which should always govern the exercise of the court?s discretion when considering a stay of execution in adjudication enforcement proceedings

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

Watkin Jones & Son Ltd v Lidl UK GMBH (Part I)

The decision in the contractor's favour should be enforced by way of summary judgement on the basis of the rejection of the employer's contention that there was no dispute factually

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The Highland Council v The Construction Centre Group Ltd

The employer's purported withholding of the sum awarded in the contractor's favour in the first adjudication against the greater sum awarded in the employer's favour in the second adjudication was ineffective

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Stubbs Rich Architects-v- W H Tolley & Son Limited

The contractor's claim against the adjudicator (an architect) for the repayment of part of his fees (which the contractor paid in full subject to protest) on the ground that the number of hours he took was excessive failed

RSL (Southwest) Ltd v Stansell Ltd

Adjudicator in breach of the rules of natural justice for not having disclosed the final report prepared by his programming expert to the parties before making his decision

Orange EBS Ltd v ABB Ltd

There was a "dispute" between the parties at the time the sub-contractor started the adjudication so that the adjudicator had jurisdiction to make his decision

Melville Dundas Ltd v George Wimpey UK Ltd - Part II

The contractor was entitled to the certified interim payment under the JCT Scottish Building Contract where the employer failed to serve any notice of intention to withhold payment before the employer terminated the contractor's employment and before the final date for payment

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Mecright Ltd v TA Morris Developments Ltd

The decision should not be enforced on the basis of the adjudicator not having jurisdiction by reason of the sub-contractor payment entitlement for its work and the contractor's wrongful determination of the sub-contract not being covered by the contractor's notice of adjudication

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John Roberts Architects Ltd v Parkcare Homes Ltd (Part I)

The adjudicator's direction that the client should pay the architect's costs of the adjudication should not be enforced by the court where the client abandoned the adjudication proceedings it brought against the architect without the adjudicator making a decision

John Cothliff Limited -v- Allen Build (North West) Limited

The adjudicator's award of costs in his decision under the Housing Grants, Construction and Regeneration Act 1996 should be enforced by way of summary judgement

Hurst Stores & Interiors v M L Europe Property

There was a unilateral mistake by the trade contractor in respect of the final account statement by which the final payment to be made by the employer was to be accepted by the trade contractor in full and final settlement of all its claims arising out of the trade contract

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F W Cook Limited V Shimizu (UK) Limited (2000)

The correct interpretation of the sub-contractor's notice of adjudication and the decision was that they reflected the sub-contractor's wish to have certain disputed final account items decided to encourage the resolution of the others

Discain Project Services Ltd V Opecprime Developments Ltd (Part I)

The adjudicator was in breach of the rules of natural justice by reason of having had undisclosed communications with a representative of the contractor

Discain Project Services Ltd V Opecprime Developments Ltd

The adjudicator's conduct was in breach of the rules of natural justice by applying the test for apparent bias in relation to his communications with the parties' representatives during the course of the adjudication

Dean and Dyball Construction Ltd v Kenneth Grubb Associates Ltd

The fact that the adjudicator followed the Construction Industry Council Model Adjudication Procedure did not mean that the adjudication could have been conducted unfairly and contrary to the rules of natural justice and that the decision should therefore not be enforced

Costain v Strathclyde Builders

The adjudicator's failure to disclose the matter in respect of which he obtained advice from his legal adviser or to invite comments or submissions thereon was a breach of the principles of natural justice

Costain Ltd v Wescol Steel Ltd

A "dispute" can arise simply because the defendant refuses to admit that a sum claimed is due and can encompass a final account claim together with a claim for an extension of time relating to interim payment applications

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

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

Carillion Construction Ltd v Devonport Royal Dockyard Ltd (Part I)

The decision based on the alleged oral agreement varying the basis of payment under the sub-contract did not meet the requirements of section 107 of the Construction Act

Carillion Construction Ltd v Devenport Royal Dockyard Ltd (Part II)

Observations concerning how an adjudicator should deal with evidence and any provisional conclusions he might reach before finalising his decision and with giving reasons for the decision

Canary Riverside Development (Private) Ltd v Timtec International Ltd

The employer should not have leave under section 11(3)(d) of the Insolvency Act 1986 to commence an adjudication against the trade contractor in administration where the trade contractor had already started court proceedings against the employer

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