Adjudicator's Decision Unenforceable Based On A Breach Of Natural Justice

Executive Summary

1. In Corebuild Ltd v Cleaver and another [2019] EWHC 2170 (TCC), the Technology and Construction Court refused to enforce an adjudicator's decision by reason of a material breach of the rules of natural justice. In reaching its decision, the Court held that the adjudicator had determined a question of repudiatory breach on the basis of a factual finding that had not been argued in submissions, and which the responding party had not had opportunity to respond to or adduce evidence.

Facts

2. The Defendants had engaged the Claimant under a JCT Immediate Form with Contractor's Design 2016, for the design and construction of extension works to a residential property in London.