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
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
28 Jun 2021MARBANK CONSTRUCTION LTD v G & D BRICKWORK CONTRACTORS LTD The contractor’s application for injunctions to prevent the adjudications brought by the sub-contractor from proceeding should be refused
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
