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ARTICLE · 25 NOVEMBER 2016

Adjudication Watch - November 2016

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In this latest 'Adjudication Watch' our construction team reviews key cases relating to adjudication from the last few months.

United KingdomReal Estate and Construction
Lindsay Hammond
Lindsay Hammond
Ashley Pigott
Ashley Pigott
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In this latest 'Adjudication Watch' our construction team reviews key cases relating to adjudication from the last few months.

Key point: Can an adjudicator decide an issue that neither party has raised?

Stellite Construction Ltd v Vascroft Contractors Ltd [2016]

The background to this Technology and Construction Court (TCC) decision is that Stellite engaged Vascroft to construct the shell and core of a house in Hampstead, London under a contract which incorporated the terms of the JCT Standard Building Contract Without Quantities 2011 (the Contract).

The Contract provided that Vascroft was entitled to extensions of time for "Relevant Events" and Stellite was entitled to liquidated damages in the event that the Works were delayed. The completion of the Works was delayed and Stellite claimed liquidated damages. When Vascroft refused to pay, the dispute was referred to adjudication. The adjudicator made the following findings:

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