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Building and Construction Adjudication

Construction Adjudication Articles

Connex South Eastern Ltd -v- MJ Building Services Group Plc

Contract in writing, Time for starting adjudication, Existence of dispute

It was not an abuse of the process for the contractor to have started adjudication proceedings over a year after the contractor had purported to accept the employer’s repudiation of the contract

Collins (Contractors) Ltd -v- Baltic Quay Management (1994) Ltd

Meaning of “Dispute”

The propositions advanced by Jackson J in Amec Civil Engineering v The Secretary of State for the Environment (2004) should be accepted and, in particular, the proposition that whilst the mere making of a claim did not amount to a dispute, a dispute would be held to exist once it could reasonably be inferred that a claim was not admitted

Trustees of the Stratfield Saye Estate -v- AHL Construction Ltd

Definition of “contract in writing” under section 107 (2) (c)

The contract was evidenced in writing within the meaning of section 107(2)(c)

The judge held that the contract was evidenced in writing within the meaning of section 107(2)(c) insofar as the following express contractual terms were recorded in writing: (i) The scope of the works was described on construction drawings and set out in the minutes of a site meeting (ii) The surveyor’s letter to the contractor in its heading included the phrase “phase 1” and that phrase was understood to mean by all parties works to make the derelict building weathertight (iii) A letter from the contractor and the surveyor both recorded that payment was to be made on a cost plus basis and recorded the agreed rates that the employer would pay for labour, plant and materials. Also the surveyor gave evidence that he accepted that every term of the contract negotiated by him on behalf of the employer with the contractor was recorded in writing.