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This is intended as a regular
information service to enable you to keep up to date with relevant
Construction issues. Please feel free to pass this on to
anyone who you think might be interested in these topics.
Is it Time or Money...
...or both?
In the case referred
to below,
the adjudicator did have power under the referral to decide outstanding
sums due
but did not have power to decide matters relating to an extension
of time.
This article will deal with this issue;
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In a recently tried case, Judge
Havelock-Allan held that an Adjudicator only had the power to
deal with a dispute which had crystallised from the date of the
Notice of Adjudication.
Whilst the Adjudicator had the
power to decide the sums which remained outstanding, he did not
have the power to decide matters concerning an extension of time.
The amount in dispute and payable
under a valuation had nothing to do with the Completion Date
or any Extension Of Time, thus time was outside his jurisdiction. |
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in answer to the
question... |
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Referrals to Adjudicators are
frequent, complex and often combine questions of payment with
matters questioning validity of architects' instructions, the
date of completion, value of variations and matters of valuation
themselves. Therefore it is important to precisely identify the
issues in dispute prior to giving the Notice of Adjudication.
There must clearly be a claim and a rejection, or a counterclaim,
or a rejection inferred from an unreasonable lapse of time.
Another outcome of the case was that, in the judge's view, it
was permissible for the employer to raise a further objection
to the adjudicator’s jurisdiction at the enforcement stage.
by Michael P ReynoldsAlexander
Bosher is the trading name of AWB Solicitors LLP
Partnership No. OC305990. VAT No.835 6857 85
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DISCLAIMER: The above information
should not be regarded as constituting legal advice in relation
to particular circumstances. If specific advice is required
in connection with the above, please contact
the office for assistance. |
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