Source: All England Reporter
Publisher Citation: [2009] All ER (D) 125 (Oct)
Neutral Citation: [2009] EWHC 2218 (TCC)
Court: Queen's Bench Division, Technology and Construction Court
Judge:

Akenhead J
Representation Martin Bowdery QC (instructed by Mayer Brown International LLP) for the claimant.
  Stephen Furst QC (instructed by Hawkswell Kilvington) for the defendant.
Judgment Dates: 1 September 2009

Catchwords

Building contract - Adjudication - Jurisdiction to make award - Sub-contract for mechanical and electrical services - Claimant failing to meet planned completion date - Defendant deducting liquidated damages from contract price pursuant to contract - Claimant referring dispute to adjudication blaming delay on defendant - Claimant's adjudication unsuccessful - Claimant bringing second adjudication - Claimant successful - Defendant claiming adjudicator acting outside jurisdiction - Defendant claiming breach of natural justice - Defendant claiming bias on part of adjudicator.

The Case

Building contract Adjudication. The Queens Bench Division, Technology and Construction Court, held that the defendant would not be successful in its application to set aside the second determination of an adjudicator as the adjudicator had not exceeded his jurisdiction, there had been no breach of natural justice, there had been no bias and the adjudicator had given sufficient reasons for his decision.

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