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Category Archive: Adjudication

Construction

Notices of Adjudication: What’s in a Name?

August 8, 2019| Adjudication, Construction, Construction Contracts, Dispute Resolution

Earlier this month, Palmloch Limited (“Palmloch”) sought to resist enforcement of an adjudication decision based upon the fact that the claimant, MG Scaffolding (Oxford) Limited (“MGS”) had commenced the adjudication against Palmloch’s trading name; MCR Property Group (“MCRPG”). The TCC … read more

Construction Scene

Too Late to Adjudicate Under NEC Contracts?

August 1, 2019| Adjudication, Construction, Construction Contracts, Dispute Resolution, NEC Contracts

Can a party to a non-Construction Act contract lose its right to adjudicate if it does not commence proceedings within a contractual time limit? In the recent case of Sitol Limited (“Sitol”) v Finegold the court considered the application of … read more

When Does an Adjudicator’s Error Amount to a Breach of Natural Justice?

July 3, 2019| Adjudication, Construction Contracts, Enforcement

One of the few grounds available for resisting the enforcement of an adjudicator’s decision is a claim of breach of the rules of natural justice. In the case of JJ Rhatigan & Co (UK) Limited (“Rhatigan”) v Rosemary Lodge Developments … read more

Construction

Adjudication Enforcement – Fraud and Stays of Execution

May 7, 2019| Adjudication, Construction Contracts, Dispute Resolution, Enforcement

In the most recent instalment of proceedings between Grandlane Developments Limited (“Grandlane”) and Skymist Holdings Limited (“Skymist”), following its unsuccessful challenge as to the validity of the adjudicator’s appointment, Skymist sought to resist enforcement of the adjudicator’s decision on the … read more

construction

Resisting Enforcement of an Adjudicator’s Decision – The Fraud Defence

April 29, 2019| Adjudication, Construction, Construction Contracts, Dispute Resolution, Enforcement

Attempts to resist enforcement of adjudication decisions by alleging they were procured by fraud are becoming more common, PBS Energo A.S v Bester Generacion UK Limited [2019] was “one of those rare adjudication cases” whereby the defence was successful and … read more