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
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
25 Jun 2020ENGIE FABRICOM (UK) LTD v MW HIGH TECH PROJECTS UK LTD The sub-contract works of the installation of the plant at the fluidised bed gasification facility did not constitute construction operations within the meaning of section 105(2)(c)(i) of the Construction Act due to the primary activity on the site being power generation.
17 Jun 2020BRESCO ELECTRICAL SERVICES LTD v MICHAEL J LONSDALE (ELECTRICAL) LTD The sub-contractor should not be granted an injunction to prevent the continuation of the adjudication begun by the sub-sub-contractor, a company in insolvent liquidation, where the sub-contractor had a separate cross claim
5 Jun 2020MW HIGH TECH PROJECTS UK LTD v BALFOUR BEATTY KILPATRICK LTD The contractor was wrong to contend that a dispute had not arisen by the time the sub-contractor referred its claim for an extension of time to adjudication despite it having served a delay report on the contractor eight days before the referral containing substantial new particulars of its claim
27 May 2020PLATFORM INTERIOR SOLUTIONS LTD v ISG CONSTRUCTION LTD The claimant should recover the cost of engaging a claims consultant which assisted it in the successful enforcement proceedings on the basis that what it did was work which would otherwise have been carried out by solicitors
