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
18 Dec 2020AQUA LEISURE INTERNATIONAL LTD v BENCHMARK LEISURE LTD The employer did not waive its right to oppose enforcement of the adjudicator’s award of the costs of the adjudication to the contractor under section 5A(2A) of the Late Payment of Commercial Debts (Interest) Act 1998
17 Dec 2020HOCHTIEF SOLUTIONS AG v MASPERO ELEVATORI SPA The adjudicator did not fail to exhaust his jurisdiction by failing to address substantive lines of its defence in the adjudication that the termination costs claimed by the contractor related in large part to its alleged defective design which did not fall for consideration under the sub-contract’s termination provisions
3 Dec 2020GLOBAL SWITCH ESTATES LTD v SUDLOWS LTD The adjudicator’s wrongful disregard of the contractor’s set off defence against any monies due to the employer in respect of the interim payment application constituted a material breach of the rules of natural justice
8 Oct 2020JRT DEVELOPMENTS LTD v TW DIXON (DEVELOPMENTS) LTD There should be a stay of execution of the judgment enforcing the adjudicator’s award to the contractor of a specified sum on the grounds not only of the contractor’s probable inability to repay the judgment sum but also manifest injustice in the circumstances of the case
14 Sep 2020JOHN DOYLE CONSTRUCTION LTD v ERITH CONTRACTORS LTD The circumstances in which summary judgment will be available to a company in liquidation seeking to enforce an adjudicator's award in its favour in the light of the Supreme Court’s decision in Bresco v Michael J Lonsdale
28 Aug 2020LANE END DEVELOPMENTS CONSTRUCTION LTD v KINGSTONE CIVIL ENGINEERING LTD The contractor through its agent did sufficient to reserve its right to challenge the adjudicator’s jurisdiction on the ground that the sub-contractor’s notice of adjudication was invalid despite participating in the adjudication
23 Jul 2020WRW CONSTRUCTION LTD v DATBLYGAU DAVIES DEVELOPMENTS LTD The adjudicator’s award in the adjudication brought by the employer seeking a valuation of the post termination account should be enforced by way of summary judgment despite the fact that the adjudicator did not have jurisdiction to award a monetary sum to the contractor as the responding party
15 Jul 2020KEW HOLDINGS LTD v DONALD INSALL ASSOCIATES LTD The proceedings in which the client sought to overturn the adjudicator’s award to the architect should be stayed pending payment by the client of the outstanding judgment sum enforcing the adjudicator’s award but should not be struck out despite the client’s unreasonable and oppressive behaviour
14 Jul 2020CROUDACE HOMES LTD v PRB WIRING SOLUTIONS LTD The contractor was liable to reimburse the developer for the fees it paid to the adjudicator pursuant to the adjudicator’s decision that the developer was to pay his fees and was to reclaim them from the contractor despite the challenge to their reasonableness
