Construction Case Update – Adjudication – Part 4 of 2018

September 24, 2018, By

The Enforcement of Adjudicators’ Awards under the Housing Grants, Construction and Regeneration Act 1996: Part 4 of 2018
Kenneth T. Salmon and Katy Ormston

This article forms Part 4 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.

107772.001 SH Construction Case Booklet

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This Part 4 reports on the following developments and cases:

MI Electrical Solutions Ltd v Elements (Europe) Ltd [2018] EWHC 1472 (TCC) Alexander Nissen QC..
Enforcement set off against adjudicator’s decision; Set-off of claims not in pay less notice—contract terms—compliance with Act.

Breyer Group plc v Adam Michael Scaffolding Services Ltd (Unreported QBD (TCC) 12 June 2018) Joanna Smith QC..
Jurisdiction—excess—power to order refund of overpayment.

DSVG Façade Ltd v Conneely Facades Ltd (Unreported QBD (TCC) 13 June 2018) Joanna Smith QC..
Jurisdiction—failure to exhaust; Natural justice.

Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (In Liquidation) [2018] EWHC 2043 (TCC) Fraser J. 31 July, 2018.
Jurisdiction—insolvency—company in liquidation cannot commence adjudication claiming further sums are due.

Beach Homes Ltd v Stephen Hazel and Helen Hazell [2018] EWHC 1846 (TCC); [2018] EWHC 1847 (TCC) Jonathan Acton Davis QC..

Vinci Construction UK Ltd v Beumer Group UK Ltd [2018] EWHC 1874 (TCC) Jonathan Acton Davis QC judgment 24 July, 2018.
Natural justice—disclosure and reasons.

CIMC MBS Ltd (formerly Verbus Systems Ltd) v Bennett (Construction) Ltd (Unreported QBD (TCC) 18 July 2018) HHJ Waksman QC..
Payment terms—whether providing an adequate payment mechanism.