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Adjudication: dispute resolution provisions in GC Works1

Norton Rose LLP
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United Kingdom
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May 25 2010

In the following case, the court considered the meaning of the dispute resolution clause in the GC Works1 Form of Contract; and the use of Part 8 proceedings during an adjudication to seek a declaration that the adjudicator had no jurisdiction to hear the dispute

Adjudication: mistake in adjudicator’s decision

Norton Rose LLP
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United Kingdom
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February 22 2010

As noted in our report on Rok Building Limited v Celtic Composting Systems Limited (No 2) 2010 EWHC 66 (TCC), the general position is that the court will enforce adjudicator's decisions even if the adjudicator has made an error, unless the adjudicator had no jurisdiction to decide the dispute or there has been a breach of natural justice

Adjudication and arbitration: set-off

Norton Rose LLP
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United Kingdom
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September 28 2009

The issue before the court in the following case was whether an entitlement to a sum of money under an adjudication award could be used to offset the payment of a sum of money arising out of an arbitrator’s award

Limitation Act, adjudication and court proceedings

Norton Rose LLP
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United Kingdom
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September 28 2009

The court in the following case had to consider the date of accrual of a cause of action in proceedings brought by the losing party to challenge the adjudicator’s decision

Adjudication: set-off and successive adjudications

Norton Rose LLP
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United Kingdom
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October 27 2009

It is well established that the purpose of the Housing Grants, Construction and Regeneration Act (Construction Act) was to introduce a mechanism for the prompt settlement of disputes in construction contracts on a provisional basis

Enforceability of reasonable endeavours obligations

Norton Rose LLP
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United Kingdom
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October 27 2009

An obligation upon a party to use or exercise "all reasonable endeavours" is often used in contracts

Termination: injunction to prevent termination

Norton Rose LLP
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United Kingdom
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January 27 2010

In the following case the court had to consider whether to issue an injunction to prevent termination of a sub-contract prior to the outcome of an adjudication and whether to issue an injunction preventing a sub-contractor taking any further steps in an adjudication on the basis that it had already embarked on mediation

Letters of intent and contract formation

Norton Rose LLP
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United Kingdom
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April 27 2010

We reported on the perils of beginning work without agreeing the precise basis upon which it is to be done in both our June 2008 Updater report on RTS Flexible Systems Ltd v Molkerei Alois Muller GMbh & Co KG 2008 EWHC 1097 and our March 2009 Updater report on the Court of Appeal decision in the same case

Adjudication: decision declaratory or a requirement to pay

Norton Rose LLP
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United Kingdom
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December 21 2009

As reported previously, (October Updater report on Hart (ta D W Hart & Son) v Smith & Anor) a key purpose of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act) was to introduce adjudication to enable the prompt settlement of disputes in construction contracts on a provisional basis

Adjudication: natural justice and bias

Norton Rose LLP
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United Kingdom
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December 21 2009

Jurisdictional challenges on adjudication enforcement proceedings can be many and various