Construction Case Update - Adjudication - Part 3 of 2018

Contents 1. Introduction 2. Enforcement of judgment debt based on adjudicator’s decision —use of winding up petition  page 3 Victory House General Partner Ltd, Re company 3. Jurisdiction - correct interpretation of the Scottish Scheme  page 3 Pentland Investments Limited v Aitken Turnbull Architects Limited 4. Jurisdiction—disputed oral novation— effect of mis-description in adjudication notices  page 4 (1) M Hart Construction Ltd and (2) P K Maintenance Ltd v Ideal Response Group Ltd 5. Jurisdiction—oral contracts  page 5 Dacy Building Services Ltd v IDM Properties LLP 6. Natural Justice  page 6 E7 Building Services Ltd v R G Carter Cambridge Ltd 7. Stay of execution—effect

Legislation The Act means the Housing Grants, Construction and Regeneration Act 1996, as amended by the Local Democracy, Economic Development and Construction Act 2009 Pt 8. The ‘new’ provisions apply to contracts entered into on or after 1 October 2011. The main regulations are contained in the Scheme for Construction Contracts (England & Wales) Regulations 1998 (the Principal Regulations). 1 They have been amended by the Scheme for Construction Contracts (England & Wales) (Amendment) (England) Regulations 2011 2 (the new Regulations). The new Regulations apply only to contracts for construction operations in England entered into on or after 1 October 2011. For earlier contracts the Principal Regulations apply. There are separate regulations for contracts for work in Scotland applicable to contracts made on or after 1 November 2011. 3 The new regulations apply only to contracts for work in Scotland entered into on or after this date. For earlier contracts the Scheme for Construction Contracts (Scotland) Regulations 1998 4 applies. There are new separate regulations for Wales, applicable to contracts for construction operations in Wales entered into on or after 1 October 2011. 5 A reference to “the Scheme” is to the Principal Regulations for England and Wales, or the Scheme for Scotland, as the context so requires. .

of allegation of fraud— addition of new (g) to the Wimbledon factors 

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Gosvenor London Ltd v Aygun Aluminium Ltd 8. Stay of execution—financial position of both parties  page 8 Energo A.S. v Bester Generacion UK Ltd 9. Summary  page 8

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