Introduction In the previous article published as part of this series, we set out the governing processes and common pitfalls which can befall parties during the commencement of an adjudication. In this article we turn our attention to the responding party’s Response, and the further written submissions which are frequently made before the adjudicator reaches…

Introduction Our first article in this series explained the background to the statutory right to adjudicate disputes arising under construction contracts. In this piece, we look at the start of the adjudication process and address the practicalities that are frequently stumbling blocks. As is made clear by the typical adjudication timetable included at the end…

Adjudication 101 is a series of four short articles regarding the origins and lifecycle of adjudication. In the series we look at the background to the introduction of adjudication and the adjudication process from commencement up to the adjudicator’s decision. In the first part, Solicitor, Michael Comba, traces the origins of adjudication and considers why…

The Court of Appeal has provided useful guidance regarding appropriate security arrangements for insolvent claimants in adjudication enforcement proceedings, by upholding the judgment in the recent case of John Doyle Ltd (In Liquidation) v Erith Contractors Ltd[1]. The previous case concerning adjudications involving insolvent parties was Bresco[2],where it was held that an insolvent company has…

In enforcement proceedings, the court considered the role of the Notice of Completion of Making Good in the JCT in determining due dates for final payment, the conclusivity of the Final Statement, and whether the Adjudicator breached rules of natural justice in failing to consider a defence of set-off. The Facts Mr Mincione (the Employer)…

In enforcement proceedings[1], the court dismissed an Employer’s argument that an adjudicator lacked jurisdiction because the referral concerned three separate payment applications and, therefore, comprised three separate disputes. The Facts Quadro Services Limited (the Contractor) entered into an oral contract with Creagh Concrete Products Limited (the Employer). The Contractor made payment applications throughout the contract…

Motacus Constructions Ltd v Paolo Castelli Spa [2021] EWHC 356 (TCC) This case confirms adjudication’s status as an interim-binding measure and reinforces its importance as a dispute resolution forum in the construction industry. Background This dispute concerned a contract for fitting-out works at the One Bishopsgate Plaza Hotel in London. While the works were to…

Barhale Limited v SP Transmission Plc [2021] CSOH 2 Successful challenges to an adjudicator’s jurisdiction are like buses it seems – you get none for ages and then two come along at once. Following hot on the heels of the Global Switch Estates case we discussed in January comes an interesting decision from the Scottish…

How far can you limit what’s included in the scope of an adjudication? It is well known that the courts will support the enforcement of an adjudication decision even if the decision is incorrect and resulted from errors of fact or law. The case of Global Switch Estates 1 Ltd v Sudlows Ltd, however, gives…