Case Law Update - Issue 3, June 2011

ADJUDICATION

Failure to consider defence

PC Harrington Contractors Ltd v Tyroddy Construction Ltd [2011] BLM Vol. 28 No. 5 TCC

An adjudication decision in favour of Tyroddy was held not to be enforceable because the adjudicator had failed to consider a defence put forward by Harrington. Harrington's submission was that the adjudicator had construed his jurisdiction so narrowly that he did not have regard to their defence that the release of the retention could not be separated from the taking of the final account, so that they could raise the true value of the latter by way of set-off against the retention. The court held this to be a material breach of natural justice.

Waiver of jurisdiction and writing