Construction Case Update – Adjudication – Part 2 of 2018

The Enforcement of Adjudicators’ Awards under the Housing Grants, Construction and Regeneration Act 1996: Part 2 of 2018
Kenneth T. Salmon and Katy Ormston

This article forms Part 2 of the series of articles continuing the reporting and review of cases on the enforcement of adjudicators’ awards begun in the Journal of the Chartered Institute of Arbitrators.

Construction Case Update – Adjudication – Part 2 of 2018

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This Part 2 reports on the following developments and cases:

Seadown Developments Limited v SMCC Construction Limited TCC (unreported 3 November 2017), Jefford J (TCC)
Award—enforceability—use of part 8 proceedings—error of law

PFG Design Limited v Masma Limited TCC (unreported, 15 November 2017), Fraser J (TCC)
Costs—jurisdiction
Jurisdiction—adjudicator entitled to decide date and terms of oral contract

Morgan Sindall Construction and Infrastructure Limited v Westcrowns Contracting Services Limited [2017] CSOH 145
Jurisdiction—adjudicator did not fail to exhaust his jurisdiction or deal with more than one dispute

Equitix ESI CHP (Wrexham) Limited v Bester Generacion UK Limited [2018] EWHC 177 (TCC)
Jurisdiction—excluded operation—reservation of rights

Victory House General Partner Limited v RGB P&C Limited [2018] EWHC 102 (TCC)
Natural Justice

Adam Architecture Limited v Halsbury Homes Limited [2017] EWCA Civ 1735
Payment¬—contractual requirement for pay less notice—effect of Act

Systems Pipework Limited v Rotary Building Services Limited [2017] EWHC 3235 (TCC)
Payment notice—form and requirements

Grove Developments Limited v S&T (UK) Limited [2018] EWHC 123 (TCC)
Pay less notice—form and requirements—effect of failure to give notice