Adjudication Matters: February 2024

This month we discuss 4 recent cases which relate to the following topics:

1. Will the TCC enforce an adjudicator's decision where no payment has been awarded by the adjudicator?
2. Can a true valuation adjudication be commenced after a "smash and grab"?
3. Can a single notice of adjudication refer a claim for payment on both a "smash and grab" basis and a "true value" basis?
4. Will a contract clause requiring adjudication before court proceedings prevent court proceedings from being issued?

Will the TCC enforce an adjudicator's decision where no payment has been awarded by the adjudicator?

In Level 1 Raised Flooring v JM Construction (SW) ¹the TCC declined to enforce an adjudicator's decision on the basis that no payment had in fact been awarded in the adjudicator's decision. This case is a reminder of the importance of drafting the notice of adjudication so it is clear what issues the adjudicator is in fact being requested to determine.