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ARTICLE · 14 JULY 2017

Adjudication Watch - The Latest Cases And Issues June 2017

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RSC agreed to carry out groundworks for Mr Conway as a subcontractor at three separate sites.

United KingdomReal Estate and Construction

Key point: ensure contracts are formalised in writing to avoid costly disputes

RSC Contractors Limited v Anthony Conway [2017]

RSC agreed to carry out groundworks for Mr Conway as a subcontractor at three separate sites. A dispute arose and following an adjudication in which RSC were successful, Mr Conway now submitted that the adjudicator had no jurisdiction alleging he had wrongly concluded that there was one oral contract covering all three sites. Mr Conway argued that there were three separate oral contracts.

Under section 108(1) of the Housing Grants, Construction and Regeneration Act 1996 as amended (the Construction Act), the adjudicator would only have jurisdiction in this case if the dispute was a single dispute arising under one contract.

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