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ARTICLE · 09 APRIL 2019

Legal Developments In Construction Law - March 2019

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In calculating the sum due in an adjudication, the adjudicator made a mistake.

United StatesReal Estate and Construction
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1. Adjudicator's power to correct – just a matter of arithmetic?

In calculating the sum due in an adjudication, the adjudicator made a mistake. He deducted the sum he had determined as the total value of the contra charges, from the sum certified by the defendant. But the certified sum already included a substantial deduction, by the defendant, for contra charges. The result of this error was that no sum was stated to be due to the claimants and their claim failed. The adjudicator issued a corrected decision but the defendant claimed that the amendments in the amended decision went beyond those permitted by the "slip rule" in the Scheme for Construction Contracts, because they were not made "so as to remove a clerical or typographical error arising by accident or omission."

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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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