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
2 Apr 2020MILLCHRIS DEVELOPMENTS LTD v WATERS An injunction should not be ordered to prevent the adjudication against the contractor to proceed where it contended that it had not had sufficient time or opportunity to prepare for the adjudication because of the lockdown caused by the COVID-19 crisis
19 Mar 2020PBS ENERGO AS v BESTER GENERACION UK LTD A defendant opposing summary enforcement of an adjudicator’s decision by raising an allegation of fraud may be well-advised to plead a defence but the pleading and service of such a defence is not a condition precedent to the defendant relying on such an allegation
12 Mar 2020ROCHFORD CONSTRUCTION LTD v KILHAN CONSTRUCTION LTD The adjudicator’s decision as to the due and final dates for payment of the interim payment application under the sub-contract was correct with the result that the sum awarded to the sub-contractor should stand
11 Mar 2020FLEXIDIG LTD v M&M CONTRACTORS (EUROPE) LTD The referral notice was served within the required seven day period after “giving a notice of adjudication” on the basis that that date was when the notice of adjudication was received by the responding party rather than when the notice of adjudication was sent
27 Feb 2020BALFOUR BEATTY CIVIL ENGINEERING LTD v ASTEC PROJECTS LTD No injunction should be ordered to prevent the insolvent sub-contractor from commencing adjudications against the contractor when it offered security for costs and an account of all the parties’ mutual dealings required by the Insolvency Rules could potentially be taken
