Contents 1. Introduction 2. Enforcement—set-off against adjudicator’s decision MI Electrical Solutions Ltd v Elements (Europe) Ltd page 3 3. Jurisdiction—excess—power to order refund of overpayment page 3 Breyer Group plc v Adam Michael Scaffolding Services Ltd 4. Jurisdiction—failure to exhaust page 3 DSVG Façade Ltd v Conneely Facades Ltd 5. Jurisdiction—insolvency—company in liquidation cannot commence adjudication claiming further sums are due page 4 Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (In Liquidation) 6. Jurisdiction—waiver page 5 Beach Homes Ltd v Stephen Hazel and Helen Hazell 7. Natural justice page 6 DSVG Façade Ltd v Conneely Facades Ltd Vinci Construction UK Ltd v Beumer Group UK Ltd 9. Payment terms—whether providing an adequate payment mechanism page 6 CIMC MBS Ltd (formerly Verbus Systems Ltd) v Bennett (Construction) Ltd 10. Set-off of claims not in pay less notice—contract terms—compliance with Act page 7 MI Electrical Solutions Ltd v Elements (Europe) Ltd 11. Summary page 8 8. Natural justice—disclosure and reasons page 6
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.
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