– – – – – 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
Regulations 1998 (the ‘Principal Regulations’). (the ‘new Regulations’). The new Regulations apply only to contracts for construction operations in England
A reference to “the Scheme” is to the Principal Regulations for England and Wales, or the Scheme for
– –
was a dispute “under the contract” – –
concluded in his final decision. Payment of the adjudicator’s fee without reservation amounted to a of Conneely’s natural justice objection. Essential was entitled to summary judgment to enforce – or’s consider the requirements of the Act and the amended contract for both a payer’s payment notice and a
– – BDW applied for summary judgment to enforce an adjudicator’s award adjudicator’s costs and expenses.
did a dispute arise “under the contract” so as t
(“BSA”)
Ardmore’s attitude was to ask for further particularisation, and to claim it could not respond
limiting adjudication to disputes “under the contract”. “arising under ”.
There was a difference between the parties as to whether ‘material’ meant that the breach must have an on meaning that there was an ‘inequality of arms’.
’s
(namely that BDW’s prede
– – adjudicator’s award by the
• • •
concrete floor due to defects in Malin’s work. The adjudicator decided that
–
the ‘g ntee’ offe VF’s ’ “exception”
’ that was more than ‘fanciful’
the court’s
determined the strength of Conneely’s case when ruling against them ‘ ’
seeking ‘double recovery’. Mr Aeberli refused the disclosure application “suggestion of double recovery is fanciful”.
–
’s
Placefirst’s
tor’s
and invalid. This was CAR’s main submission and one on which there was no previous authority.
ourt’s the Act’s CAR’s
‘supplemental’
court’s
“…..
”
(2012) and the series Cases (on adjudication enforcement) published in Ciarb’s
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