Adjudication - Page Tag
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- Statutory AdjudicationStatutory adjudication for construction dispute resolution. Call 0845 504 9733 for immediate assistance and advice with resolving your construction dispute. The Vinden Partnership Manchester Bolton Nottingham London.
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- Carillion Construction Ltd V SmithPropositions 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 LtdThe 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 LtdThe 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) LtdPropositions derived by Akenhead J as to what could constitute a dispute for adjudication (and arbitration) purposes
- Carillion Utility Services Ltd V SP Power Systems LtdThe 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 IncThe 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 LtdThe 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 LtdThe 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 LtdThe 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 CoxSummary 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 LtdThere 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) LtdThe 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 KendallThe 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 LtdPrinciples 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 LtdThe 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 GoldsteinThe consequences and ramifications of the improper submission of "without prejudice" material before an adjudicator
- CN Associates V Holbeton LtdPropositions in relation to the parties conferring jurisdiction on the adjudicator to decide his own jurisdiction
- MBE Electrical Contractors Ltd V Honeywell Control Systems LtdThe enforcement proceedings brought by the sub-contractor in respect of the adjudicator's decision in its favour should not be stayed to arbitration pursuant to the arbitraton agreement in the sub-contract
- Adjudication and Insolvent CompaniesClick for a free download of Peter Vinden's paper addressing the impact of corporate insolvency on insolvent parties wishing to take advantage of rights laid down by The Housing Grants and Construction Regeneration Act 1996.
- Straw Realisations (No 1) Ltd V Shaftsbury House (Developments) LtdPropositions of law as to enforceability of an adjudicator's decision by an insolvent corporate party
- All Metal Roofing V Kamm Properties LtdIf it had been necessary to make a finding, the court would probably have decided that the contractor did not waive its right to reserve its position as to the adjudicator's jurisdiction by only making that reservation in its second defence served two days after its original defence
- Bell Building Projects Ltd V Carfin Developments LtdThe adjudicator in the second adjudication had not been required to resign on the ground that the in the first adjudication was the same or substantially the same as that determined by the adjudicator in the first adjudication
- Volker Stevin Ltd V Holystone Contracts LtdThe fact that the adjudicator knew that an offer had been made by the sub-contractor would not have led a fair-minded and informed observer to conclude that the adjudicator was or even might have been biased

For immediate assistance with all construction related matters, call The Vinden Partnership now on 0845 504 9733.
