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In this case the court considered when Part 8 proceedings can be validly brought in enforcement of adjudications.
Background
The dispute itself centred around the adjudicator’s findings that Red Key Concepts Ltd, the contractor, were liable to pay Breakshore Ltd, the employer, liquidated damages following delays to the works. The delays had occurred because Red Key had suspended the work
Our articles in this series so far have explained the adjudication process from the start, looking first at where the statutory right to an adjudication originated from, with the penultimate article discussing hearings and adjudicators’ powers.
In this concluding article, we turn our attention to the adjudicator’s decision; examining extensions, reasoning, and the slip rule.
Timescales
As we have discussed
In our previous article in this series, we looked at the Response and further submissions made by the parties in the adjudication.
In this article we focus on the adjudicator’s control of the process leading to a decision.
Powers
What powers does the adjudicator have to control procedure in the adjudication?
By section 108 of the Construction Act 1996 a
Introduction
In the previous article published as part of this series, we set out the governing processes and common pitfalls which can befall parties during the commencement of an adjudication.
In this article we turn our attention to the responding party’s Response, and the further written submissions which are frequently made before the adjudicator reaches their decision.
The Response
The
Introduction
Our first article in this series explained the background to the statutory right to adjudicate disputes arising under construction contracts. In this piece, we look at the start of the adjudication process and address the practicalities that are frequently stumbling blocks.
As is made clear by the typical adjudication timetable included at the end of the previous article, adjudication
Adjudication 101 is a series of four short articles regarding the origins and lifecycle of adjudication. In the series we look at the background to the introduction of adjudication and the adjudication process from commencement up to the adjudicator’s decision. In the first part, Solicitor, Michael Comba, traces the origins of adjudication and considers why the process was introduced, who
