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Adjudication awards setting off and staying

Mayer Brown LLP
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United Kingdom
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January 11 2010

A contractor obtained an adjudication award in its favour for £300,000 payable by the employer but the employer obtained a separate adjudication decision that it was entitled to £180,000 liquidated damages which, it claimed, it could set off against the £300,000 (plus interest

Wrongful suspension and failure to spot defects

Mayer Brown LLP
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United Kingdom
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January 11 2010

An appeal against an arbitrator’s decision included these key questions

Request to nominate adjudicator - must it follow the notice of adjudication?

Mayer Brown LLP
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United Kingdom
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January 11 2010

A party served notice of adjudication, requested the appointment of an adjudicator and, very soon afterwards, served a slightly modified notice of adjudication on the other party

There are some things adjudication cannot do

Mayer Brown LLP
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United Kingdom
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July 26 2010

An adjudicator can only deal with one dispute under one contract

Court takes all or nothing approach to enforcing flawed adjudication award

Mayer Brown LLP
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United Kingdom
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July 26 2010

S104(5) of the Construction Act says that where an agreement relates to construction operations, and "other matters", the Act only applies to the agreement "

Adjudication at any time but only if you’re not unreasonable or oppressive?

Mayer Brown LLP
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United Kingdom
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July 26 2010

Engineers obtained adjudication awards for outstanding fees, judgment in enforcement proceedings and charging orders

And do arbitrators go on for ever?

Mayer Brown LLP
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United Kingdom
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March 31 2011

What if you settle an arbitration, except for costs, which you leave to the arbitrator, but there is then a dispute as to whether defects were excluded from the settlement

The unstoppable adjudication

Mayer Brown LLP
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United Kingdom
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March 31 2011

An adjudicator's reasons for her decision included a finding that SMM7 did not apply under the relevant subcontract but, in a second adjudication, the respondent claimed that it did and the second adjudicator decided that she was not bound by the first adjudicator's finding

Notice of dissatisfaction make sure you send it to the right address

Mayer Brown LLP
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United Kingdom
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March 31 2011

NEC2 Core Clause 93.1 says that a party dissatisfied with an adjudication decision who wants to refer the dispute to arbitration, must serve notice of intention to refer the dispute to arbitration within four weeks of notification of the adjudicator’s decision (or of the time when it should have been notified, if no decision is given in time

Why silence can be expensive

Mayer Brown LLP
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United Kingdom
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March 31 2011

As far as the courts are concerned, it's good to talk - and potentially expensive to keep quiet