||All England Reporter
|| All ER (D) 27 (Oct)
||Queen's Bench Division (Technology and Construction Court)
||Alexander Nissen (instructed by Baker & McKenzie LLP) for the claimant.
||Nicholas Baatz QC (instructed by Eversheds) for the defendant.
||3 October 2006
Building contract - Adjudication - Award - Jurisdiction to make award - Parties entering into supplemental agreement to settle disputes between them - Claimant seeking payment of additional sums and referring matter to adjudication - Whether adjudicator having jurisdiction.
In determining whether an adjudicator had jurisdiction to determine whether certain matters had been settled between the parties, the relationship between the original construction contract and the 'settlement' agreement was crucial. If the latter was in fact a variation of the original contract then the dispute resolution mechanisms of the original contract applied and the adjudicator had jurisdiction.
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