In respect of part of their claim in an adjudication, the claimants failed to comply with the requirements of paragraph 1(3) of the statutory scheme for construction contracts which formed an implied term of the contract between the parties. That failure consisted of a lack of clarity in the notice of adjudication.
Held: As to that part of the claim, the adjudicator did not have jutisdiction. An adjudicator was held to have had authority to decide some of the questions put before him, but not others. Only the party that sought adjudication was liable for the adjudicator’s fees, expenses and costs in so far as they related to the matters which were outside the adjudicator’s jurisdiction.
Judges:
Judge Humphrey LLoyd QC
Citations:
(2000) 78 Con LR 152
Cited by:
Cited – John Roberts Architects Ltd v Parkcare Homes (No. 2) Ltd TCC 25-Jul-2005
The defendant had taken a dispute to adjudication, but then abandoned those proceedings, upon which the adjudicator awarded costs against the defendant which the claimant now sought to enforce. The defendant argued that the award was outside the . .
Lists of cited by and citing cases may be incomplete.
Arbitration, Construction
Updated: 30 April 2022; Ref: scu.230380