Adjudication - Page Tag

Statutory Adjudication

Statutory 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.

Dispute Management FAQ's

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

CN Associates V Holbeton Ltd

Propositions in relation to the parties conferring jurisdiction on the adjudicator to decide his own jurisdiction

MBE Electrical Contractors Ltd V Honeywell Control Systems Ltd

The 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 Companies

Click 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) Ltd

Propositions of law as to enforceability of an adjudicator's decision by an insolvent corporate party

All Metal Roofing V Kamm Properties Ltd

If 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 Ltd

The 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 Ltd

The 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