15 Sep 2021CC CONSTRUCTION LTD v MINCIONE The adjudicator in declining to consider the employer’s defence that it was entitled to set off its claim for liquidated damages against the sum awarded to the contractor was in material breach of the rules of natural justice
7 Sep 2021DOWNS ROAD DEVELOPMENT LLP v LAXMANBHAI CONSTRUCTION (UK) LTD The adjudicator was in material breach of the rules of natural justice by declining to take into account the employer’s defence with regard to the capping beam which it advanced as a contra charge against the sum claimed by the contractor in respect of its interim payment application.
27 Jul 2021TOPPAN HOLDINGS LTD v SIMPLY CONSTRUCT (UK) LLP The collateral warranty given by the contractor after practical completion and the carrying out of remedial work under which it warranted that it had carried out and would carry out its obligations under the building contract to the required standard was not one for the carrying out of construction operations
19 May 2021DAVIES & DAVIES ASSOCIATES LTD v STEVE WARD SERVICES (UK) LTD The referring party should pay the adjudicator’s fees in accordance with his standard terms of appointment up to the time of his resignation on the ground that he did not have jurisdiction despite the responding party not having made any jurisdictional challenge
30 Apr 2021PRATER LTD v JOHN SISK & SON (HOLDINGS) LTD The adjudicator’s decision in the previous adjudication remained binding on the parties and consequently in any subsequent adjudication, including the later adjudication unless and until successfully challenged before the court pursuant to clause W2.3(11) of NEC3
30 Apr 2021DELTA FABRICATION & GLAZING LTD v WATKIN JONES & SON LTD The two sub-contracts were not amalgamated into one contract by the contractor making an offer to do so by issuing a payment notice relating to both sub-contracts which was accepted by the sub-contractor issuing a request for payment as one payment application relating to both the sub-contracts
31 Mar 2021TRANSPORT FOR GREATER MANCHESTER v KIER CONSTRUCTION LTD The notice of dissatisfaction sent by the responding party’s solicitors to the referring party’s solicitors’ address which had been notified for receiving communications in the adjudication was valid despite not being in accordance with the specified means of communication
22 Feb 2021MOTACUS CONSTRUCTIONS LTD v PAOLO CASTELLI SPA The adjudicator’s award should be enforced summarily despite the sub-contract providing that all disputes as to the validity, execution, performance, interpretation or termination of the sub-contract were to be submitted to the exclusive jurisdiction of the courts of Paris, France
19 Feb 2021CRODA EUROPE LTD v OPTIMUS SERVICES LTD The adjudicator did not lack jurisdiction under the NEC3 Professional Services Contract in holding that the consultant was obliged to repay an overpayment to the employer when the true value of its services in an interim invoice was less than the sums already paid on account by the employer
11 Feb 2021FIELD SYSTEMS DESIGNS LTD v MW HIGH TECH PROJECTS UK LTD The employer’s contention that the adjudicator failed to exhaust his jurisdiction by not dealing in his decision with its “Subcontract/JV” point advanced by it in the adjudication hearing by way of defence should be rejected
26 Jan 2021THE FRASERBURGH HARBOUR COMMISSIONERS v McLAUGHLIN & HARVEY LTD The employer’s action against the contractor for defects should be dismissed when clause W2.4 of NEC3 operated as a contractual bar to preclude resort to the court (or to arbitration) if a dispute between the parties falling within the scope of that clause had not first been referred to adjudication
12 Jan 2021BARHALE LTD v SP TRANSMISSION PLC The adjudicator in his decision deliberately failed to address effectively or at all the argument advanced by the employer as to the measurement of the bulk excavation, disposal and fill work carried out by the contractor and thereby failed to exhaust his jurisdiction
