Third Time Lucky?

In an adjudication, it is not unusual for a party who is unhappy with the nominated adjudicator to allow the time to lodge a Referral to expire, then to re-issue the Notice of Adjudication and seek appointment of an alternative person. The question as to whether a party can legally go ahead with another reference for the same dispute was addressed in the recent decision of Lanes Group plc v Galliford Try Infrastructure Limited (April 2011). 

The Facts

Galliford Try Infrastructure (GTI) was the main contractor engaged to carry out refurbishment works at Inverness Train Maintenance Depot. GTI engaged Lanes as a sub-contractor for roofing and glazing works. Disputes arose between them. The sub-contract was a standard form which referred to the ICE adjudication procedure. The sub-contract required the Referring Party, within two days of the appointment of an Adjudicator, to send the Adjudicator the Referral Notice.