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
7 May 2020ISG CONSTRUCTION LTD v PLATFORM INTERIOR SOLUTIONS LTD No declarations should be made that the adjudicator’s decision was wrong when the grounds for them were not those upon which such declarations could properly be made
4 May 2020J & B HOPKINS LTD v TRANT ENGINEERING LTD The adjudicator’s award of the sum applied for by the sub-contractor in interim payment application 26 on the sole ground that the contractor’s purported payment and/or pay less notices were invalid should be enforced by way of summary judgment.
1 May 2020BROSELEY LONDON LTD v PRIME ASSET MANAGEMENT LTD An indemnity costs order should not be made against the employer in respect of its unsuccessful opposition to the contractor’s summary judgment application and its unsuccessful application for execution of that judgment to be stayed
29 Apr 2020J TOMLINSON LTD v BALFOUR BEATTY GROUP LTD The adjudicator’s award to the sub-contractor of the sum in its interim payment application on the ground that the contractor failed to serve any payment or pay less notice should be enforced without determining the contractor’s contention that the application was invalid
21 Apr 2020PLATFORM INTERIOR SOLUTIONS LTD v ISG CONSTRUCTION LTD The payment by the contractor of the fees requested by the adjudicator did not mean that it was electing to treat the adjudicator's decision as valid so that it had not waived its right to challenge the enforcement of the adjudicator’s decision
21 Apr 2020BROSELEY LONDON LTD v PRIME ASSET MANAGEMENT LTD No stay of execution of the summary judgment enforcing the adjudicator’s decision in the contractor’s favour should be ordered when the employer failed to bring court proceedings to overturn the decision which was issued some seven months before the enforcement proceedings
2 Apr 2020OD DEVELOPMENTS & PROJECTS LTD v OAK DRY LINING LTD The adjudicator did not have jurisdiction to make an award to the sub-contractor in respect of the final payment based on the JCT sub-contract terms and conditions when they had not been incorporated into the contract formed by the sub-contractor’s acceptance of the contractor’s letter of intent
2 Apr 2020MILLCHRIS DEVELOPMENTS LTD v WATERS The contractor should not be granted an injunction preventing the home owner’s adjudication from proceeding on the ground that it could not prepare in time to meet the adjudicator’s timetable due to the difficulties caused by the COVID-19 health crisis
