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ARTICLE · 04 JULY 2022

Legal Developments In Construction Law

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An employer faced with an adjudication award against it, in favour of a claimant in administration, asked the court for declarations that the adjudicator had no jurisdiction.

United StatesReal Estate and Construction
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1. Adjudication: counting disputes, exam papers and natural justice (again)

An employer faced with an adjudication award against it, in favour of a claimant in administration, asked the court for declarations that the adjudicator had no jurisdiction. In rejecting the employer's original claims, but granting a declaration in respect of an additional argument that there had been a failure of natural justice, the court restated some key adjudication principles.

The parties had entered into a framework agreement and a call-off contract and the dispute was said to relate to, and to arise in relation to, both contracts. A dispute said to arise under more than one contract cannot, in general, be the subject of one reference to adjudication, because that would contravene the well-established principle that only a single dispute can be referred:

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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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