Contents 1. Introduction
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10.Procedure—use of CPR Part 8 in adjudication cases Merit Holdings Ltd v Michael J Lonsdale Ltd 11.Stay—Company Voluntary Arrangement—moratorium Rossair Ltd v Primus Build Ltd 12.Withdrawal of referral—right to refer same dispute to adjudication— power of court to grant injunction to Jacobs UK Ltd v Skanska Construction UK Ltd 13.Summary 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 01 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 Scheme applies only to contracts for construction operations in England entered into, on or after 01 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 01 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 01 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. page 12 page 8 page 10 restrain second adjudication— whether second adjudication unreasonable or oppressive— award of wasted costs page 11
2. Adjudicator’s agreement — binding by conduct
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(1) Christopher Linnett Ltd and (2) Christopher Linnett v Matthew J Harding t/a M J Harding Contractors 3. Adjudicator’s fees — whether fees must be reasonable and how is reasonableness resolved page 4 The Vinden Partnership Ltd v Orca LGS Solutions Ltd and another 4. Award—character of award— recovery of sums overpaid page 4 Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd 5. Costs—jurisdiction—severance page 6 Enviroflow Management Ltd v Redhill Works (Nottingham) Ltd 6. Enforcement—threat of insolvency page 6 Bernards Sports Surfaces Ltd v Astrosoccer4u Ltd 7. Jurisdiction—disputed contract terms page 7 Rossair Ltd v Primus Build Ltd under Stay—Company
Voluntary Arrangement—moratorium (below) 8. Jurisdiction—disputed right to interest—effect of second award on enforcement of first award when validity disputed Actavo UK Ltd v Doosan Babcock Ltd 9. Payment—validity of successive payment notices and pay less notice—whether adjudication on successive payment notices amounted to the same dispute
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Jonjohnson Construction Ltd v Eagle Building Services Ltd
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