||All England Reporter
|| All ER (D) 196 (Oct)
|| EWHC 2597 (TCC)
||Queen's Bench Division, Technology and Construction Court
||Marc Rowlands (instructed by Fenwick Elliott) for the claimant.
||Peter Fraser QC and Serena Cheng (instructed by Haldanes) for the defendant.
||20 October 2010
Building contract - Adjudication - Whether decision of adjudicator should be enforced in derogation of conflicting contractual rights - Disputes arising under JCT building contract and being brought by claimant to adjudication - Adjudication decisions in favour of claimant - Claimant in administration - Clause in contract regarding administration situation mirroring Insolvency Rules - Claimant seeking enforcement of adjudication decisions - Whether claimant prevented by contract from enforcing adjudication.
Building contract Adjudication. The Technology and Construction Court in allowing summary judgment to enforce an adjudicator's decision which it found to be final and binding, considered the effects of an administration order on a JCT building contract which incorporated a clause providing for the insolvency of the contractor. It found, inter alia, that a clause in a contract that purported to supersede the obligation to comply with an adjudicator's decision, could not prevail over that obligation.
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