Case Law Update – Issue 4 (2010)

ADJUDICATION

See William Hare v Shepherd Construction under Keating Chambers Reported Cases on the insolvency exception to the pay when paid provisions of the HGCR Act.

Two contracts argument fails

Supablast (Nationwide) Ltd v Story Rail Ltd [2010] BLR 211 TCC
Main contractor Story sought to challenge the jurisdiction of an adjudicator who had decided in favour of sub-contractor Supablast. Story argued that there were separate subcontracts for different elements of the works and that no adjudicator could preside over more than one adjudication. The court rejected this on the facts, holding that there was only one subcontract and/or the parties had behaved as if there was only one.