||All England Reporter
|| All ER (D) 407 (Nov)
|| EWHC 138 (TCC)
||Queen's Bench Division (Technology and Construction Court)
Judge Peter Coulson QC
||13 January 2005
Building contract - Adjudication - Award - Jurisdiction to make award - Procedural irregularities - Adjudication of final account - Claimant seeking extension of time beyond that previously sought - Adjudicator indicating in decision he had insufficient time to carry out full analysis - Whether longer extension of time amounting to new claim - Whether decision disclosing procedural irregularities.
The claimant's claim in an adjudication to determine the final account between the parties by a contractor for a longer extension of time than that which had been sought in pre-adjudication correspondence between the parties was not outwith the scope of the adjudication as a new claim. Furthermore, comments by the adjudicator in his decision to the effect that it had not been possible for him to make a full analysis of the mass of evidence before him and that his decision was largely based on an objective overall view of events were unexceptionable as reflecting the summary nature of adjudication generally and the complexity and difficulty of final account adjudications in particular.
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