Ken Salmon Adjudication Case Law Update 2024 Part 5 FINAL C…

– – –

– – –

The “Act” means the Housing Grants, Construction and 2009 Pt 8. The ‘new’ provisions apply to contracts entered into on or after 1 October

(England & Wales) Regulations 1998 (the ‘Principal Regulations’). (the ‘new Regulations’). The new

A reference to “the Scheme” is to the Principal Regulations for England and Wales,

– the adjudicator’s

– –

party seeking enforcement of an adjudicator’s

The ‘squall got up’ about a real or imagined distinction between

sought were ‘overly wide’

– –

djudicators’ “there are sound practical reasons for holding that ” ‘ ’ “

“In addition, an adjudicator's decision as to liability to pay fees is final and is not subject to challenge in subsequent arbitration/litigation.”

“It seemed to me when considering be reconsidered. However, upon reflection, I have decided that this is not the case to do so.” ’ icator’s decision

of one set of adjudicator’s fees but this was on the basis that they had paid J&BH’s

– –

laimant subcontractor sought to enforce an adjudicator’s award in its favour laimant’s right to summary judgment laimant’s accounts clearly showed it to be

laimant’s costs of the proceeding laimant’s application to enforce the award and the efendant’s

’s

“ ”

’ ’ ’

As to the defender’s second objection, His Lordship was in no doubt that a

‘ ’

– –

the defendant ‘trailed a counterclaim’ for the cost of repairing defects in the flooring which it alleged were due to the claimant’s poor workmanship. However it asked the

After considering the award, the parties’ submissions and the law, the District Judge

‘ ’

published in Ciarb’s journal

Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15

Made with FlippingBook - Online catalogs