Cases Part 2 2023 - final

by either party, nor had they had the opportunity to address it, and that was a

breach of the rules of natural justice.

Second, Mr Bingham had decided that the final account statement was

contractually invalid without this issue having been raised by either party, again in

breach of the rules of natural justice.

Separately, Mr Bingham had failed to address and thus failed to exhaust his

jurisdiction in relation to various lines of defence advanced by AMK, including

several items of cross claim. It was suggested that it was not sufficient for Mr

Bingham simply to say that he had taken all the submissions into account; he

ought to have expressly dealt with the several arguments.

Decision

At paragraph [17], the judgment his Lordship said

"The Court's approach requires to be informed, indeed infused, by the need to

promote the aims of the statutory scheme for adjudication, which provides parties

to construction contracts with a simple and rapid means of determining their

mutual financial rights and obligations, at least on an interim basis. Subject to the

minimum legal standards which any power of decision-making must observe, the

Court should avoid an approach to the assessment of criticisms of the work of an

adjudicator which would tend to complicate and delay such work."

The question put to the adjudicator could scarcely have been wider: what sum (if

any) was due from AMK to BW? The subcontract permitted the valuation of

additional works on a fair and reasonable basis, and that could, to a greater or

lesser degree, be regarded as a quantum meruit. What might be described as

inexactitude of the language used did not mean the adjudicator had regarded

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