Dispatch - Adjudication archives

HS Works Ltd v Enterprise Managed Services Ltd
Issue 107 - May 2009 (click to download pdf)

Were the criticisms of the reasons given (or not given) by the adjudicator justified?

Shaw & Anr v Massey Foundation & Pilings Ltd
Issue 106 - April 2009 (click to download pdf)

Were the Shaws’ residential occupiers, which would mean that the adjudication provisions of the Housing Grants Act would not apply to the dispute between the parties?

Thermal Energy Construction Ltd v AE & E Lentjes UK Ltd
Issue 106 - April 2009 (click to download pdf)

Had the adjudicator considered all the issues raised by the parties during the adjudication process?

Mead General Building Ltd v Dartmoor Properties Ltd
Issue 105 - March 2009 (click to download pdf)

What are the principles which apply if a company, subject to a CVA, seeks to enforce an adjudicator's decision?

PT Building Services Ltd v ROK Build Ltd
Issue 105 - March 2009 (click to download pdf)

Remember that where there are two consecutive adjudications, what you decide to do in the second may impact upon what you can claim in respect of the first.

YCMS Ltd v Grabiner & Grabiner
Issue 104 - February 2009 (click to download pdf)

In what circumstances can an adjudicator correct a slip?

Bovis Lend Lease Ltd v The Trustees of The London Clinic
Issue 104 - February 2009 (click to download pdf)

Were the contents of the Referral in dispute and had the defending party sufficient time to consider the claims put forward?

The Dorchester Hotel Ltd v Vivid Interiors Ltd
Issue 104 - February 2009 (click to download pdf)

Will the TCC intervene, in an ongoing adjudication, where there are potential breaches of the rules of natural justice?

Euro Construction Scaffolding Ltd v SLLB Construction Ltd
Issue 103 - January 2009 (click to download pdf)

Had the written quotation been accepted or was there no contract in writing?

Air Design (Kent) Ltd v Deerglen (Jersey) Ltd
Issue 103 - January 2009 (click to download pdf)

Was it appropriate for the TCC to adopt the liberal approach to interpreting "dispute or difference" as set out in the Fiona Trust case - see issues 81 and 89.

Balfour Beatty Construction Northern Ltd v Modus Corovest (Blackpool) Ltd
Issue 103 - January 2009 (click to download pdf)

Should the TCC stay a claim to enforce an adjudicator's decision to mediation?

Benfield Construction Ltd v Trudson (Hatton) Ltd
Issue 101 - November 2008 (click to download pdf)

What is Mr Justice Coulson's view on serial adjudications?

Birmingham City Council v Paddison Construction Ltd
Issue 100 - October 2008 (click to download pdf)

Was the dispute referred to adjudication the same as one that had been previously referred?

CJP Builders Ltd v William Verry Ltd
Issue 99 - September 2008 (click to download pdf)

If a contract provides that a party has seven days to serve its response, can an adjudicator grant an extension of time?

CSC Braehead Leisure Ltd & Anr v Laing O'Rourke Scotland Ltd
Issue 99 - September 2008 (click to download pdf)

Can adjudicators issue an interim decision?

T & T Fabrications Ltd & Anr v Hubbard Architectural Metalwork Ltd
Issue 97 - July 2008 (click to download pdf)

Was the contract evidenced in writing?

Aedas Architects Ltd v Skanska Construction UK Ltd
Issue 95 - May 2008 (click to download pdf)

Did the withholding notice specify in sufficient detail the grounds of set-off?

Mrs Williams t/a Sanclair Construction v Noor t/a India Kitchen
Issue 92 - February 2008 (click to download pdf)

Who were the correct parties to the adjudication?

Ledwood Mechanical Engineering Ltd v Whessoe Oil & Gas Ltd and Anr
Issue 91 - January 2008 (click to download pdf)

Was the defendant entitled to set off against an adjudication decision?

Ringway Infrastructure Services Ltd v Vauxhall Motors Ltd
Issue 90 - December 2007 (click to download pdf)

When did the dispute crystallise?

Harris Calnan Construction Co. Ltd v Ridgewood (Kensington) Ltd
Issue 90 - December 2007 (click to download pdf)

Did the letter of intent constitute a contract in writing?

Mast Electrical Services v Kendall Cross Holdings Ltd
Issue 88 - October 2007 (click to download pdf)

Were the sub-contract arrangements sufficiently evidenced in writing for the purposes of S107 of the HGCRA?

Pierce Design International Ltd v Johnston & Anor
Issue 86 - August 2007 (click to download pdf)

What did the House of Lords mean in the Melville Dundas case?

DGT Steel and Cladding Ltd v Cubitt Building and Interiors Ltd
Issue 86 - August 2007 (click to download pdf)

Can the court stay a claim to enable adjudication to take place?

A C Yule & Son Ltd v Speedwell Roofing & Cladding Ltd
Issue 85 - July 2007 (click to download pdf)

Was the adjudicator's decision late? Was the responding party's conduct consistent with their having agreed (impliedly) to an extension of time for the delivery of the decision?

Humes Building Contractors Ltd v Charlotte Homes (Surrey) Ltd
Issue 85 - July 2007 (click to download pdf)

Were the actions of the adjudicator so unfair that the court should refuse to enforce his decision?

David and Theresa Bothma t/a DAB Buildings v Mayhaven Healthcare Ltd
Issue 85 - July 2007 (click to download pdf)

Were the two disputes the same?

Melville Dundas Ltd & Ors v George Wimpey (UK) Ltd & Ors
Issue 83 - May 2007 (click to download pdf)

In the first HGCRA case to reach the House of Lords, their lordships consider whether monies could be withheld from an insolvent contractor, even though no withholding notice had been served.

Bennetts (Electrical) Services Ltd v Environ Ltd
Issue 82 - April 2007 (click to download pdf)

Can you adjudicate under a letter of intent?

Aveat Ltd v Jerram Falkus Construction Ltd
Issue 81 - March 2007 (click to download pdf)

Are the Government's GC/Works adjudication proceedings compliant with the provisions of the HGCRA?

Cubitt Building and Interiors Ltd v Fleetglade Ltd
Issue 81 - March 2007 (click to download pdf)

What is the effect of a late decision?

Epping Electrical Company Ltd v Briggs and Forrester (Plumbing Services) Ltd
Issue 80 - February 2007 (click to download pdf)

Are the CIC adjudication procedures compliant with the provisions of the HGCRA?

Quietfield Ltd v Vascroft Contractors Ltd
Issue 79 - January 2007 (click to download pdf)

What are the principles to be applied when there are successive adjudications about an extension of time claim and/or the deduction of damages for delay?

Hart Investments Ltd v Fidler and Another
Issue 78 - December 2006 (click to download pdf)

What happens if your Referral Notice is served late?

Southwest Contractors Ltd v Birakos Enterprises Ltd
Issue 78 - December 2006 (click to download pdf)

Had there been a failure by the adjudicator to consider a vital part of a case and if so was that a breach of the rules of natural justice?

Gray & Sons Builders (Bedford) v Essential Box Company Ltd
Issue 78 - December 2006 (click to download pdf)

What might your liability for costs be if you resisted enforcement of an adjudication decision up until the date of the proposed enforcement hearing?

McConnell Dowell Constructors (Aust) PTY Ltd v National Grid Gas Plc
Issue 77 - November 2006 (click to download pdf)

Did a supplemental agreement between the parties settle all outstanding disputes thereby meaning there was no dispute to refer to adjudication?

William Verry v The Mayor and Burgesses of the London Borough of Camden
Issue 76 - October 2006 (click to download pdf)

Does the final account override an Adjudicator's decision?

Medlock Products Ltd v SCC Construction Ltd
Issue 75 - September 2006 (click to download pdf)

Should you use the insolvency procedures to try and enforce an adjudicator's decision?

Redworth Construction Ltd v Brookdale Health Care Ltd
Issue 74 - August 2006 (click to download pdf)

Did the contract incorporate the JCT terms?

Hillview Industrial Developments (UK) Ltd v Botes Building Ltd
Issue 73 - July 2006 (click to download pdf)

Could Botes rely upon its own application for summary judgment in relation to the final account to bring about the adjournment of an adjudication enforcement hearing?

Interserve Industrial Services Ltd v Cleveland Bridge UK Ltd
Issue 71 - May 2006 (click to download pdf)

Can a losing party in an adjudication withhold payment on the basis that it expects to recover an equivalent or larger sum in subsequent adjudications?

M. Rohde Construction v Nicholas Markham-David
Issue 71 - May 2006 (click to download pdf)

Is a slight delay in the issuing of an adjudicator's decision fatal?

Kier Regional Ltd (t/a Wallace) v City & General (Holborn) Ltd
Issue 71 - May 2006 (click to download pdf)

Was the Adjudicator correct to disregard two expert reports submitted by the Responding Party? Did this have any effect on his decision?

Capital Structures Plc v Time & Tide Construction Ltd
Issue 70 - April 2006 (click to download pdf)

What effect might economic duress have on adjudication?

John Roberts Architects Ltd v Park Care Homes (No 2) Ltd
Issue 69 - March 2006 (click to download pdf)

Who is responsible for the costs of an abortive adjudication?

Quietfield Ltd v Vascroft Contractors Ltd
Issue 69 - March 2006 (click to download pdf)

What are the principles to be applied when there are successive adjudications about extension of time claims and/or the deduction of damages for delay? See Issue 79 for CA decision.

Allen Wilson Shopfitters Ltd v Buckingham
Issue 68 - February 2006 (click to download pdf)

When should you counter-adjudicate?

Ardmore Construction Ltd v Taylor Woodrow Construction Ltd
Issue 68 - February 2006 (click to download pdf)

Had there been a clear and substantial breach of the principles of natural justice?

Michael John Construction Ltd v Golledge and Others
Issue 68 - February 2006 (click to download pdf)

How many disputes can an adjudicator decide?

Castle Inns (Stirling) Ltd v Clark Contracts Ltd
Issue 67 - January 2006 (click to download pdf)

If a party succeeds in overturning an adjudicator's decision, was it also entitled to overturn the fee apportionment made by that adjudicator?

Captiva Estates Ltd v Rybarn Ltd (in administration)
Issue 67 - January 2006 (click to download pdf)

A construction contract is excluded from the operations of the HGCRA if it is a development agreement which includes provision for the grant or disposal of the relevant interest in the land on which the principle construction operations take place.

All in One Building & Refurbishments Ltd v Makers UK Ltd
Issue 67 - January 2006 (click to download pdf)

What gives rise to a dispute?

John Roberts Architects Ltd v Parkcare Homes (No. 2) Ltd
Issue 64 - October 2005 (click to download pdf)

Who should pay the costs of an adjudication claim which is abandoned? See Issue 69 for Court of Appeal verdict.

Bryen & Langley Ltd v Boston; Allen Wilson Shopfitters v Buckingham
Issue 63 - September 2005 (click to download pdf)

Were the relevant adjudication provisions incorporated into the Contract?

Wimbledon Construction Company 2000 Ltd v Vago
Issue 61 - July 2005 (click to download pdf)

What are the principles to be considered when seeking to stay the enforcement of an Adjudicator's decision?

Trustees of the Stratfield Saye Estate v AHL Construction Ltd
Issue 60 - June 2005 (click to download pdf)

What was the meaning of the Court of Appeal decision of RJT v DM Engineering? Must all the terms of a contract be evidenced in writing?

Carillion Construction Ltd v Devonport Royal Dock Yard.
Issue 60 - June 2005 (click to download pdf)

Mr Justice Jackson sets out the four basic principles which apply to any attempt to enforce an adjudicator's decision. See also the comments of the Court of Appeal in Issue 66.

Machenair Ltd v Gill and Wilkinson Ltd
Issue 60 - June 2005 (click to download pdf)

Would the failure to serve a withholding notice in accordance with section 111 of the HGCRA mean that a counterclaim may be barred for all time?

Ritchie Brothers (PWC) Ltd v David Phillip (Commercials) Ltd
Issue 59 - May 2005 (click to download pdf)

Is an adjudicator's decision valid if it is not issued within the required timescale? See Issue 46 for decision at first instance.

Balfour Beatty v Serco Ltd
Issue 59 - May 2005 (click to download pdf)

When can you set-off against an adjudicator's decision?

Connex South Eastern Ltd v MJ Building Services Group Plc
Issue 57 - March 2005 (click to download pdf)

Can an adjudication really be started at any time?

William Verry (Glazing Systems) v Furlong Homes Ltd
Issue 57 - March 2005 (click to download pdf)

When can new information be introduced into an adjudication?

GPN Ltd (in receivership) v O2 (UK) Ltd
Issue 56 - February 2005 (click to download pdf)

Were O2 able to resist adjudication enforcement proceedings on the basis that there was no concluded contract between the parties?

CIB Properties Ltd v Birse Construction Ltd
Issue 55 - January 2005 (click to download pdf)

Did size and complexity of the dispute between the parties mean that it could not be resolved fairly through
adjudication?

Bryen & Langley Ltd v Boston
Issue 55 - January 2005 (click to download pdf)

Did the contract between the parties incorporate the terms of the JCT Form of Contract and thereby give the adjudicator jurisdiction to determine the dispute?

Amec Projects Ltd v Whitefriars City Estates Ltd
Issue 53 - November 2004 (click to download pdf)

What happens when an adjudicator named under the contract dies? In addition, the Court of Appeal had to consider a claim that a decision should be declared invalid on the grounds of apparent bias.

TUF Panel Construction Ltd v Capon
Issue 53 - November 2004 (click to download pdf)

In the first case from New Zealand, the court had to decide what the effect was of not serving a payment schedule as required by the Construction Contracts Act?

A & S Enterprises Ltd v Kema Holdings Ltd
Issue 53 - November 2004 (click to download pdf)

This case provides guidance to adjudicators on the importance of letting parties know who they want to attend meetings and why.

Emcor Drake & Scull Ltd v Costain Construction Ltd & Anr
Issue 53 - November 2004 (click to download pdf)

What is the effect of a previous decision made by a different adjudicator, when a second dispute is referred to adjudication about the same project

William Verry Ltd v North West London Communal Mikvah
Issue 52 - October 2004 (click to download pdf)

Was an adjudicator's decision invalid because the referral notice was issued one day late and what steps could the court take to give ride to the overriding objective and ensure that the dispute was resolved as expeditiously and fairly as possible?

Rossco Civil Engineering Ltd v Dwr Cymru Cyfyngedic
Issue 50 - August 2004 (click to download pdf)

Had the Adjudicator ordered payment to the wrong contractual identity? If so, was DCC estopped from arguing this point at the Court hearing?

Connex South Eastern Ltd v MJ Building Services Group plc
Issue 49 - July 2004 (click to download pdf)

Was there an agreement in writing pursuant to s107 of the HGCRA and, if so, did MJB have the right to refer the dispute to adjudication even though the agreement had been discharged?

Alstom Signalling Ltd v Jarvis Facilities Ltd
Issue 48 - June 2004 (click to download pdf)

When is a withholding notice necessary?

Conor Engineering Ltd v Les Construction Industrielles de la Mediterranee SA
Issue 47 - May 2004 (click to download pdf)

If an adjudicator makes a decision requiring payment of a sum of money, when is the final date for payment?

Westminster Building Co Ltd v Andrew Beckingham
Issue 45 - March 2004 (click to download pdf)

Did the adjudicator have jurisdiction to deal with the dispute because of an agreement to cap fees and, if so was that adjudication unfair under the Unfair Terms and Consumer Contracts Regulations 1999?

Diamond & Others v PJW Enterprises Ltd
Issue 43 - January 2004 (click to download pdf)

An important Scottish case provided judicial confirmation that there is nothing to stop a claim of professional negligence being made in an adjudication.

London & Amsterdam Properties Ltd v Waterman Partnership Ltd
Issue 43 - January 2004 (click to download pfd)

In another case dealing with professional negligence claims, His Honour Judge Wilcox had to consider whether the introduction of late evidence amounted to a breach of the principles of natural justice.

Barnes & Elliot Ltd v Taylor Woodrow Holdings Ltd & Another and Simons Construction Ltd v Aardvark Developments Ltd
Issue 42 - December 2003 (click to download pdf)

The case explored the issue of whether an adjudicator's decision is valid if he does not issue it within the required timescale. See also the Scottish case of Ritchie Brothers (PWC) Ltd v David Philip (Commercials) Ltd discussed in Issue 46.

Rupert Morgan Building Services Ltd v Jervis and Another
Issue 41 - November 2003 (click to download pdf)

The Court of Appeal provides some clarification on the position when no withholding notice has been given. In short, where an interim certificate has been issued, and no s111 notice given, it is not permissible to withhold the payment due.

Thomas-Fredric's (Construction) Ltd v Wilson
Issue 40 - October 2003 (click to download pdf)

The Court of Appeal said that a letter must provide clear evidence of the contracting party's identity if it is to be used to evidence a contract in writing as required by section 107(2)(c) of the Housing Grants Construction and Regeneration Act. Equally, there must be clear evidence that all parties concerned were in agreement if a party claims that an adjudicator has been asked to make a binding decision as to his jurisdiction. The Court of Appeal followed the decision of His Honour Judge Gillilland QC in Nordot v Siemens.

Bracken & Another v Billinghurst
Issue 37 - July 2003 (click to download pdf)

Billinghurst had a complete defence to enforcement proceedings because an offer had been made, albeit by a third party, on clear terms which provided that the cashing of a cheque signalled the clear acceptance of that offer of compromise.

Orange EBS Ltd v ABB Ltd
Issue 36 - June 2003 (click to download pdf)

His Honour Judge Kirkham applied the principles of both Halki v Sopex and Sindall v Solland in deciding whether or not a dispute had arisen.

RSL (South West) Ltd v Stansell Ltd
Issue 36 - June 2003 (click to download pdf)

His Honour Judge Seymour QC had to consider whether there had been a breach of the principles of natural justice, where an adjudicator made his decision following consideration of a programming report which had not been sent to the parties but had been discussed at a meeting between the parties.

Beck Peppiatt Ltd v Norwest Holst Construction Ltd
Issue 35 - May 2003 (click to download pdf)

Mr Justice Forbes provides further guidance on the question of what constitutes a dispute.

Debeck v T&E
Issue 32, February 2003 (click to download pdf)

His Honour Judge Kirkham applied the Court of Appeal decision in RJT Consulting v DM Engineering in deciding whether an allegedly oral agreement fell within section 107 of the Housing Grants Construction & Regeneration Act.

Back