Should adjudicators be entitled to payment when the court
refuses to enforce their decision because of mistakes made by the
adjudicator?
Previously, there has been little by the way of guidance on this
question. However, the recent case of Systech
International Ltd v PC Harrington Contractors Ltd, clarifies
the position.
Background
Harrington and Tyroddy Construction Ltd were engaged in three
adjudications relative to three separate contracts, in which
Tyroddy sought payment of outstanding retention. An adjudicator was
appointed (employed by Systech). Harrington put forward a
defence based on (amongst other things) a re-measurement of
Tyroddy's works which, they claimed, meant that they had vastly
overpaid Tyroddy so no retention could be payable. The
adjudicator rejected this, stating that he did not accept the
re-measurement because it was "not agreed but also
contractually flawed and outwith [the] dispute."
