Adjudication autonomy and lack of evidence to support parties claims
In the case of J&B Hopkins Ltd v A&V Building Solution Ltd [2023] EWHC 301 (TCC), the judge held that the Pre-Action protocol did not apply to adjudication enforcement cases.
Also the Judge held that it was not for a court to judge whether an adjudicator had reached the correct conclusion on the facts as found by them or on the law.
The Judge also noted that A&V had not provided any critical path / cause & effect analysis in support of its delays. It simply relied upon a series of emails which showed that there was limited access to workfaces. in respect of this the Judge preferred the evidence of J&B. He further held that no evidence had been provided identifying the cause of the delay and stated that on a labour only contract, a simple as-planned v as-build programme, with annotations of any delaying factors would be reasonable to illustrate the effect of any delaying factors on the completion date.
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