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ARTICLE · 27 JANUARY 2021

Legal Developments In Construction Law January 2021

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An employer's adjudication notice, seeking a true value adjudication of parts of a contractor's interim application, excluded a number of matters from the scope of the adjudication.

United KingdomReal Estate and Construction
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1. Adjudicator's failure to consider substantial part of defence dooms enforcement

An employer's adjudication notice, seeking a true value adjudication of parts of a contractor's interim application, excluded a number of matters from the scope of the adjudication. The adjudicator considered that the employer was entitled to limit the scope of his jurisdiction but, in finding that the adjudicator was acting in breach of the rules of natural justice, in failing to consider and deal with matters relied on by the contractor in its defence, the court set out the applicable legal principles, in summary:

  • a referring party can define the dispute by its notice of adjudication and, in doing so, confine the dispute to specific parts of a wider dispute, such as valuation of particular work elements forming part of an interim application;

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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