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
18 Feb 2020TRANSFORM SCHOOLS (NORTH LANARKSHIRE) LTD v BALFOUR BEATTY CONSTRUCTION LTD The adjudicator was entitled to determine whether the contractor’s without prejudice letters to the employer’s representatives regarding its claim were admissible in evidence and was therefore not in breach of the rules of natural justice
11 Feb 2020FIELD 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
4 Feb 2020McLAREN CONSTRUCTION (LONDON) LTD v GREYHOUND INVESTING CORPORATION The fact that the employer disputed the contractor’s claim for the amount of its payment application on the ground that it had served valid notices to enable it to deduct liquidated damages did not mean that there was more than one dispute before the adjudicator
27 Dec 2019BABCOCK MARINE (CLYDE) LTD v HS BARRIER COATINGS LTD The adjudicator should have disclosed that he had engaged a surveyor as his assistant even if the assistance provided by the surveyor was merely clerical and administrative to comply with the rules of natural justice
16 Dec 2019ISG CONSTRUCTION LTD v ENGLISH ARCHITECTURAL GLAZING LTD There should be no final determination by way of declarations of various issues decided by the adjudicator regarding the extension of time he awarded to the sub-contractor and the contractor’s estimate of its loss and expense arising out of its alleged delays which would have the effect of nullifying them
19 Nov 2019GRANADA ARCHITECTURAL GLAZING LTD v RGB P&C LTD There should be no stay of execution of the summary judgment entered to enforce the adjudicator’s decision when the defendant’s financial poor position was not significantly different from when it entered into the contract and it was probable that it would continue to receive financial support from its parent company
8 Nov 2019DICKIE & MOORE LTD v MCLEISH (No 2) That part of the adjudicator’s decision awarding sums in respect of the contractor’s final account should be enforced by severing from them the awards he made without jurisdiction in respect of the contractor’s claims for an extension of time and associated loss and expense
