Construction Adjudication Adviser February 2017

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Construction Adjudication Adviser February 2017

Published 14 febrero 2017

Welcome to the further edition of DAC Beachcroft's Adjudication Adviser

This edition of the Adjudication Adviser focuses on what the Court will review on enforcement. In particular with regard to oral contracts, which by way of the amendments to the Construction Act, can now be adjudicated. However in general, all of these cases below illustrate the innovative ways that parties seek to resist the enforcement of decisions.

1. Errors in decisions

In Amey v Herefordshire CC – the Court will not look behind an adjudicators decision if an error is made.

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2. Oral contracts

In Dacy v IDM - the Court noted that determining what was an oral contract, was not appropriate in an enforcement hearing. The Defendant had a realistic prospect of success in stating that there was no contract.

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3. Construction Contracts

In Kilker v Purton – the Court again reviewed the issues of the "…same, or, substantially the same dispute…" and what it means.

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4. Jurisdiction challenges

In ICI v Merit – the Court concerned itself with jurisdictional objections, following cases such as Allied v Paradigm, as to when they should be taken.

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Authors

Mark Roach

Mark Roach

London - Walbrook

+44 (0)20 7894 6314

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