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ARTICLE · 14 MAY 2021

To What Extent Does Adjudication By Consent Align With Statutory Adjudication?

Gowling WLG
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In our latest update, we review the Technology and Construction Court (TCC)'s approach in Croda Europe Limited v Optimus Services Limited [2021]...

United KingdomReal Estate and Construction
Ashley Pigott
Ashley Pigott
Cathy Moore
Cathy Moore
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In our latest update, we review the Technology and Construction Court (TCC)'s approach in Croda Europe Limited v Optimus Services Limited [2021], a dispute centring on the interpretation of Secondary Option W1 of the NEC3 Professional Services Contract 2013. Option W1 provides a consensual adjudication process for dispute resolution where the project is not covered by the Housing Grants, Construction and Regeneration Act 1996, as amended (the Construction Act).

Background

  • Croda owns a site in Hull where it manufactures speciality chemical products. Optimus is an engineering and design company and was appointed by Croda in relation to expansion works on the Hull site, using an amended NEC3 Professional Services Contract 2013 (the Contract).

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