Practical Law

In Aecom Design Build Ltd v Staptina Engineering Services Ltd, Fraser J held that an adjudicator had not acted outside of her jurisdiction or in breach of the rules of natural justice by deciding how deductions for alleged defects should be assessed under an NEC Engineering and Construction Short Subcontract. The decision provides a powerful reminder … Continue reading Excess of jurisdiction or breach of natural justice arguments will succeed only in the plainest cases →

In a decision handed down earlier this week, Fraser J has held that Herefordshire District Council (HDC) is entitled to have Mr Matt Molloy’s adjudication decision, in the sum of £10 million, enforced. The judge did not accept the contractor, Amey Wye Valley Ltd’s, submissions that Mr Molloy’s decision was inconsistent with Mr Mark Entwistle’s … Continue reading The latest word on serial adjudication →

In a decision handed down last week, Ms Finola O’Farrell QC (sitting as a deputy High Court judge) has held that Mr Paice and Ms Springall (the employers) are entitled to have a recent adjudication decision of Mr Christopher Linnett enforced. She did not accept the submissions made by Mr Harding (the contractor) that: The … Continue reading The latest chapter in Harding v Paice →

In Harding v Paice and another, the Court of Appeal has held that an adjudicator’s previous decision that, because an employer failed to serve a pay less notice, he was obliged to pay the amount stated in a contractor’s final account, is no bar to the employer starting a further adjudication to determine the true value of … Continue reading Decisions, decisions, decisions (in adjudication) →

In Harding v Paice, Edwards-Stuart J has considered the meaning of paragraph 9(2) in Part 1 of the Scheme for Construction Contracts 1998. Paragraph 9(2) provides that: “An adjudicator must resign when the dispute is the same or substantially the same as the one which has previously been referred to adjudication and a decision has been taken … Continue reading TCC considers “same or substantially the same” in paragraph 9(2) of the Scheme →

The adjudication enforcement in Thameside Construction Company Ltd v Stevens raised, as Akenhead J noted: “…the sometimes vexed question of whether and when a party against whom an adjudicator has decided may seek to set off against the sum said by the adjudicator to be due and avoid or defer payment.”