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ARTICLE · 01 JULY 2021

Can An Adjudicator Get Paid Where That Adjudicator Resigns Before Reaching A Decision?

Gowling WLG
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The recent decision in Davies & Davies Associates Ltd v Steve Ward Services (UK) Ltd [2021] is the latest judgment concerning the issue of adjudicator's fees (are they payable or not?) where...

United KingdomReal Estate and Construction
Ashley Pigott
Ashley Pigott
Cathy Moore
Cathy Moore
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The recent decision in Davies & Davies Associates Ltd v Steve Ward Services (UK) Ltd [2021]  is the latest judgment concerning the issue of adjudicator's fees (are they payable or not?) where the adjudication process does not result in an enforceable decision.

Background

  • In 2019-2020, Steve Ward Services (UK) Ltd (SWS) carried out works at a restaurant called Funky Brownz in Stanmore. Funky Brownz was owned by Bhavishya Investment Ltd (BIL), of which Ms Patel was the director and majority shareholder at all material times.
  • Contract documents were drawn up but never signed.
  • A dispute arose and two adjudications followed under the Scheme for Construction Contracts (England and Wales) Regulations 1998 as amended (the Scheme). The same adjudicator was appointed in both, Nigel Davies. Any fees due to Mr Davies as Adjudicator were payable to the Claimant company, Davies & Davies Associates Ltd (D&D). Mr Davies' terms and conditions were the same in both

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