8 Aug 2019UNIVERSAL SEALANTS (UK) LTD v SANDERS PLANT AND WASTE MANAGEMENT LTD The contract for the supply of concrete was not a “construction operation” within the meaning of section 105(1) of the Construction Act and the adjudicator therefore lacked jurisdiction
7 Aug 2019COREBUILD LTD v CLEAVER The adjudicator was in breach of the rules of natural justice by going off on “a frolic of his own” in making a determinative finding, namely that the homeowners were in repudiatory breach of contract, on the basis of a factual finding which had not been argued for
9 Jul 2019MG SCAFFOLDING (OXFORD) LTD v PALMLOCH LTD The adjudicator’s decision against the employer company which was the defendant in the enforcement proceedings and the entity which contracted with the contractor should be enforced despite the responding party in the adjudicator being named as the company’s trading name
28 Jun 2019BABCOCK MARINE (CLYDE) LTD v HS BARRIER COATINGS LTD The contractor’s application to stay the enforcement proceedings brought by the employer in respect of the adjudicator’s award to it in the adjudication should be granted on the basis that the appropriate forum for the proceedings was the courts in Scotland
25 Jun 2019WILLOW CORP SARL v MTD CONTRACTORS LTD The balance of the adjudicator’s award to the contractor having deducted the liquidated damages which the adjudicator should have awarded to the employer should be enforced by way of summary judgment
20 Jun 2019NOBLE CONSTRUCTION LTD v WILSON There should be no stay of execution of the judgment enforcing the adjudicator’s award on the grounds that the contractor would seek to dissipate its assets or to organise its financial affairs so as to dissipate or dispose of the sum awarded or that the homeowner offered to provide security for that sum
18 Jun 2019GT EQUITIX INVERNESS LTD v BOARD OF MANAGEMENT OF INVERNESS COLLEGE The contractor did not failed to follow the mandatory contractual procedure for the referral of a dispute to adjudication by only giving it a day to agree to the identity of a replacement adjudicator
17 May 2019INDIGO PROJECTS LONDON LTD v RAZIN The adjudicator’s decision awarding the sum applied for by the contractor solely on the basis of the employer’s failure to issue a pay less notice and without considering its counterclaims should not be enforced where the contractor entered into a creditors’ voluntary arrangement after the award
13 May 2019MTD CONTRACTORS LTD v WILLOW CORP SARL The adjudicator’s award in the later adjudication should be enforced despite the possibility that the determination of the dispute in relation to an earlier adjudication after the enforcement proceedings might result in the decision in the later adjudication being unenforceable
10 May 2019RGB P&C LTD v VICTORY HOUSE GENERAL PARTNER LTD The adjudicator did not act in breach of natural justice in granting an extension of time based on his own analysis without reference to the parties which involved rejecting the contractor’s expert programmer’s logic links, substituting his own links and thereby finding a critical path
8 May 2019JJ RHATIGAN & CO (UK) LTD v ROSEMARY LODGE DEVELOPMENTS LTD The fact that the adjudicator did not refer in his decision to the evidence of one of the employer’s witnesses in support of an aspect of its defence did not infer that he did not have regard to the defence itself and therefore did not constitute a breach of the rules of natural justice
3 May 2019WILLOW CORP SARL v MTD CONTRACTORS LTD The hearing of the declaration application should exceptionally be adjourned until judgment was delivered in another case dealing with contract interpretation issues linked with the application but the summary judgment application should to proceed on the date originally fixed for both applications
