Can you re-adjudicate if you have new / better evidence?
I’ve been involved in adjudication since its inception, at the start both preparing adjudication Referrals and Responses and latterly acting as an Adjudicator. Below are some of my thoughts on adjudication.
The short answer to this is: ‘No’.
In the case of Engenda Group Ltd v Petroneos Manufacturing Scotland Ltd 2024, the parties engaged in a series of adjudications. In adjudication No.3, Petroineos requested a declaration from the adjudicator that Engenda was late in completion and sought over £1m in damages. The Adjudicator agreed that Engenda was late – but declined to award damages as Petroineos had failed to prove the quantum of its losses.
Ok, all well & good, but what did Petroineos decide to do then? Obviously it decided to hire an expert to improve its losses evidence and then adjudicate again.
However, there is a legal principle that you cannot re-adjudicate a matter that has been previously the subject of an adjudicator’s decision. Adn the court held that this stopped Petroineos from re-adjudicating its delay claim again
An expensive mistake by Petroineos, but the position may be difference if the delay claim was brought as part of a claim for an interim valuation and not the final payment as this may constitute a different dispute.
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