7 Apr 2022VAN OORD UK LTD v DRAGADOS UK LTD The adjudicator in awarding the sub-contractor an extension of time went off on a “frolic of his own” by not giving the parties a fair opportunity to comment on his proposed adoption of the March 2019 programme as the baseline and the consequences he considered that had for the critical date of 31 July 2019
14 Feb 2022STEVE WARD SERVICES (UK) LTD v DAVIES & DAVIES ASSOCIATES LTD The adjudicator was entitled to payment of his fees by the referring party for the work he had done before resigning under clause 1 of his terms of appointment, which provided that he was entitled to payment of his fees if the decision was not delivered “save for any act of bad faith” by him
27 Jan 2022JOHN GRAHAM CONSTRUCTION LTD v TECNICAS REUNIDAS UK LTD General propositions derived from case law as to the effect of a prior adjudicator's decision in a subsequent adjudication if the dispute referred was (substantially) the same as one (referred and) decided in an earlier adjudication
14 Jan 2022BILTON & JOHNSON (BUILDING) CO LTD v THREE RIVERS PROPERTY INVESTMENTS LTD The adjudicator did not act in breach of natural justice by reaching his decision identifying the relevant contractual terms on a basis which had not been advanced by either party and on which it had had no opportunity to make representations
13 Dec 2021BRAVEJOIN COMPANY LTD v PROSPERITY MOSELEY STREET LTD There was a dispute when the contractor submitted invoices to the employer’s agent who issued payment certificates and pay less notices signed “for and on behalf of [the employer]” and the adjudicator’s award to it in respect of the invoices should therefore be enforced summarily
7 Dec 2021D McLAUGHLIN & SONS LTD v EAST AYRSHIRE COUNCIL The employer’s position that the final certificate was conclusive evidence for the purpose of its counterclaim in the contractor’s successful enforcement proceedings seeking to overturn the adjudicator’s decision should be rejected and the counterclaim should therefore be dismissed
5 Nov 2021GREATER GLASGOW HEALTH BOARD v MULTIPLEX CONSTRUCTION EUROPE LTD It would not be impossible for all the issues in the employer’s defects claim against the contractor and its consultants to be resolved by the adjudication process where they were alleged to be jointly and severally liable and where there could be multiple adjudications with the risk of mutually inconsistent decisions
4 Nov 2021CUBEX (UK) LTD v BALFOUR BEATTY GROUP LTD The contract (however formed) for the design and supply of station doors was not a construction contract within the meaning of the Construction Act with the results that the adjudicator lacked jurisdiction and that the decision awarding the supplier of the doors a specified sum was not enforceable
22 Oct 2021RHP MERCHANTS AND CONSTRUCTION LTD v TREFOREST PROPERTY COMPANY LTD Unless the contractor paid the developer the minimum sum due to it by netting off the sums awarded to it in the first adjudication and awarded to the contractor in the second adjudication within 28 days, the contractor’s proceedings to overturn the decision in the first adjudication should be struck out
14 Oct 2021G & D BRICKWORK CONTRACTORS LTD v MARBANK CONSTRUCTION LTD The enforcement proceedings brought by the sub-contractor to enforce the adjudicator’s decision awarding it a fixed sum in respect of unpaid invoices to be paid by the contractor should be struck out pursuant to CPR 3.4(2)(b)
7 Oct 2021JOHN DOYLE CONSTRUCTION LTD v ERITH CONTRACTORS LTD 07/10/2021 The general applicability of the prohibition on an insolvent creditor recovering sums due from a debtor where the parties have claims against each other until an account is taken by way of set off of their mutual dealings to companies in liquidation so as to prevent enforcement of an adjudicator’s award by way of summary judgment
28 Sep 2021QUADRO SERVICES LTD v CREAGH CONCRETE PRODUCTS LTD The payment dispute referred by the sub-contractor when it claimed the total sum due in respect of three separate payment applications was a single dispute with the result that the adjudicator had jurisdiction
