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Category Archive: Adjudication

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

Construction Scene

Are You Adjudicating Against the Right Party?

March 4, 2019| Adjudication, Construction, Construction Contracts, Dispute Resolution

It is an established principle that an adjudicator does not have jurisdiction in respect of a dispute referred against an entity which was not a party to the contract. However, the recent case of Gerard Ferns & Kerry-Ann Ferns v Keith … read more

construction

Life after S&T v Grove; TCC Guidance on ‘Smash and Grab’

February 25, 2019| Adjudication, Construction, Construction Contracts, Dispute Resolution

In M Davenport Builders Ltd v Greer & Anor [2019], one of the first cases to consider the enforcement of a ‘smash and grab’ adjudication since the Court of Appeal’s landmark ruling in S&T(UK) Ltd v Grove Developments Ltd [2018], … read more

Construction

Is Challenging an Adjudicator’s Decision by Using Enforcement Proceedings an Abuse of Process?

February 14, 2019| Adjudication, Construction, Construction Contracts, Dispute Resolution, Enforcement

The courts have adopted a swift approach to adjudication enforcement. However, in the recent case of Amey LG Limited (“ALG”) v Amey Birmingham Highways Limited (“ABHL”), ALG sought to use that same process to have an adjudicator’s decision declared a … read more

Adjudication and Insolvency

January 31, 2019| Adjudication, Construction, Construction Contracts, Insolvency

In the case of Michael J Lonsdale (Electrical) Limited v Bresco Electrical Services Limited (in liquidation), the Technology and Construction Court (“TCC”) provided an unequivocal statement that a company in liquidation could not refer a dispute to adjudication. However, in … read more