Recovering the cost of adjudication

Authors: Justin Mendelle and Tola Odedoyin Update After the 2016 judgment in Lulu Construction Ltd (“Lulu”) v Mulalley & Co Ltd, the door on recovering costs in adjudication was ajar. The recent unreported case of Enviroflow Management Limited v Redhill Works (Nottingham) Limited may have closed it. The issue is how the Housing Grants, Construction…

Continue reading

North Midland Building Limited v Cyden Homes Limited [2017] EWHC 2414 (TCC)

Background Cyden Homes Limited (the “Defendant”) engaged North Midland Building Limited (the “Claimant”) to design and construct a large house (known as ‘South Farm’) plus outbuildings. The contract used was the JCT Design & Build Contract 2005 with bespoke amendments. The amendment at issue in this case concerned the extension of time provision where the…

Continue reading

Case report – Kilker Projects v Rob Purton (t/a Richwood Interiors) [2016] EWHC 2616 (TCC)

Cases such as ISG v Seevic[1] and Galliford Try v Estura[2] illustrate the problems that can occur when a payer fails to issue the required payment or payless notices. The aforementioned cases established the principle that where, in respect of interim payment applications, there is an absence of the appropriate notices, an adjudicator cannot deal…

Continue reading

Case Report – Lulu Construction Limited v Mulalley & Co Limited [2016] EWHC 1852 (TCC)

It has long been understood that although an adjudicator can direct which party should pay his fees, the parties to the adjudication cannot recover their costs and the adjudicator cannot therefore award such costs. The Local Democracy, Economic Development and Construction Act of 2009 introduced an exception to this rule, which allowed the parties to…

Continue reading

Extension of time – differing approaches under standard form construction contracts

Standard form construction contracts always include a mechanism for assessing whether and how the time for completion of works should be extended. An extension of time must be granted where a certain type of delay occurs. Justin Mendelle and Uzma Raja explain how these are dealt with in different ways under the JCT and NEC suite…

Continue reading