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
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
10 Oct 2019MEADOWSIDE BUILDING DEVELOPMENTS LTD v 12-18 HILL STREET MANAGEMENT COMPANY The adjudicator’s decision in the insolvent contractor’s favour should not be enforced because the funding agreement between the liquidator and its agent was not merely champertous but was also an abuse of process and because the contractor had not offered adequate security for adverse costs orders
10 Oct 2019LJH PAVING LTD v MEERES CIVIL ENGINEERING LTD The facts that the sub-contractor contended that insufficient substantiation had been provided by the sub-sub-contractor for its payment claim and made requests for particulars which were not answered until the adjudication had commenced did not mean that no dispute had arisen in respect of the claim
12 Sep 2019ICCT LTD v PINTO There was an ad hoc agreement for an adjudication by the homeowner’s participation in the adjudication and the adjudicator therefore had jurisdiction to make an award against him despite the works being to a residential dwelling
12 Sep 2019DICKIE & MOORE LTD v MCLEISH The adjudicator was not in breach of the rules of natural justice by using his pupil in the way he did which included the pupil populating his Scott schedule and coming to his own conclusions as to whether a dispute had crystallised and the extension of time claim
13 Aug 2019MARS BLACK SHEEP HOTELS LTD v DOUGLAS & STEWART UK LTD The employer was not entitled to an interdict (injunction) preventing the contractor from proceeding with its adjudication despite the employer’s allegation that it had been induced to enter the contract on the basis of the contractor’s misrepresentation that it was a substantial commercial entity
