This was a part 8 application by Advance for a declaration concerning the validity of its Pay less Notice (PLN) in respect of two payment applications (AFP24 and AFP 25) by ENISCA. An adjudicator decided Advance did not issue a valid PLN against AFP 24 and awarded ENISCA £2.7m. In the court application it was […]
The claimant Liverpool City Council {LCC) were adjudged liable at adjudication to pay the defendant (Vital) £128,500 for work under a maintenance contract for temporary fencing for highways. The parties entered into a framework agreement under which each work project would be the subject of a separate call-off contract based on NEC3 as amended and […]
Adj intermediate position, without giving parties opportunity to comment; breach of natural justice.
Background and contentions Dragados, the main contractor for the Aberdeen Harbour Expansion Projec, sub-contracted the dredging works to Van Ooord (VOL) on an NEC form of contract. There were delays and Dragados purported to terminate the sub-contract. In the aftermath there were seven adjudications between the parties. One adjudication resulted in a decision that VOL […]
IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES TECHNOLOGY AND CONSTRUCTION COURT (KB) Rolls Building, London, EC4A 1NL Date: 12 February 2024 Before : His Honour Judge Stephen Davies sitting as a High Court Judge – – – – – – – – – – – – – – […]
In Level 1 Raised Flooring v JM Construction (SW) [1] the TCC declined to enforce an adjudicator’s decision on the basis that no payment had in fact been awarded in the adjudicator’s decision. This case is a reminder of the importance of drafting the notice of adjudication so it is clear what issues the adjudicator […]
In Lancashire Schools SPC Phase 2 Ltd v Lendlease Construction (Europe) Ltd [2024] EWHC 37 (TCC) a local authority failed in its application to have the claim against it stayed or struck out on the basis of non-compliance with a contractual dispute resolution mechanism. The relevant building contract (the Contract) provided for adjudication before proceedings, […]
You put your left arm inYour left arm outIn, out, in, outYou shake it all aboutYou do the hokey cokey As with all things in life it is too easy for there to be a dispute. This once popular song “The Hokey Cokey” has claims of at least three possible authors and therefore three announcements […]
On 1 October 2022, the Construction Contracts (England) Exclusion Order 2022 comes into force. The Order will exclude contracts within the water and sewerage infrastructure industries “for the delivery of a direct procurement for customers project”, or “DPC”, from the Part 2 provisions contained in the Housing Grants, Construction and Regeneration Act 1996 (the “Act”). […]
Mallino Development Ltd v Essex Demolition Contractors Ltd [2022] EWHC 1418 (TCC) (10 June 2022) started as a Part 8 procedure (i.e. an unconventional court procedure for an issue which does not involve a substantial dispute of fact) seeking to circumvent the enforcement of the second of two adjudication decisions, eventually tried under the Part […]
A recent decision of the Scottish Court of Session has considered whether the failure to prove a delay damages claim in one adjudication prevented the claimant from renewing the claim in a subsequent adjudication. In finding that the claim could not be re-adjudicated, the Court sought to distinguish a previous TCC decision in England where […]
IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS IN NEWCASTLETECHNOLOGY AND CONSTRUCTION COURT (KBD) The Moot Hall, Castle Garth,Newcastle upon Tyne, NE1 1RQ 06/12/2023 B e f o r e : HH JUDGE DAVIS-WHITE KC(SITTING AS A JUDGE OF THE KING’S BENCH DIVISION)____________________Between: ILUMINESIA LIMITED(t/a ALTEREGO FACADES) Claimant – and – RFL FACADES LIMITED […]
The adjudicator has no free-standing power to award interest and paragraph 20(c) of the Scheme for Construction Contracts 1998 (if it applies to the adjudication) does not give him one (Carillion v Devonport). The adjudicator only has power to award interest if that issue has been referred to him or the parties have agreed it falls […]