Ken Griffin & John Tomlinson (T/A K&D Contractors) -v- Midas Homes Limited
The adjudicator's decision in the sub-contractor's favour should only be enforced in respect of two of its four invoices by reason of the notice not complying with paragraph 1(3) of the Scheme for Construction Contracts
21 July, 2000
This case provides a warning on the need for care when drafting a Notice of Adjudication. The court ruled that a Notice, which referred to various earlier invoices and letters, had failed to describe precisely which disputes had been referred. Only one dispute out of a series had been suitably defined in accordance with the provisions of the Scheme. Thus only part of the Adjudicator's decision was enforceable and the referring party was liable for the fees and expenses incurred in respect of the remainder of the decision, which was outside of the Adjudicator's jurisdiction since it had been improperly referred.