Adjudication Update

Legal and Disputes Adjudication
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The recent case of Delta Fabrication and Glazing Limited v Watkin Jones & Son Limited [2021 EWHC 1034 (TCC)] serves as a useful reminder that you cannot adjudicate disputes under 2 different contracts in the same Adjudication.

In this case there were 2 contracts between the Parties on a student accommodation Project in Walthamstow. The first contract was for brick cladding works and the second for roofing works. Each contract had its own Order number and date. Delta commenced an Adjudication seeking payment of monies owed under the 2 contracts arguing that the contracts had been merged into one because they had agreed to submit combined payment applications under the 2 contracts. The Court held that this was really done as an administrative process rather than from a legal perspective meaning that the 2 contracts were still legally separate.

If you would like a free consultation on how to commence an Adjudication please get in touch.

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Great update thanks @Mike_Tiplady - any comments from our contract experts? @Neil_Earnshaw @stevencevans @chriscorr @Barry_Trebes @Andrew_W-I @dave_bates @Ian_Heaphy @Jon_Broome Lets get the conversation going!

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This is a good example about how you need to get the fundamentals right before embarking on an adjudication otherwise your name is going to be forever associated with yet another piece of case law about how not to conduct an adjudication. Frankly, given the facts, I’m surprised this one got off the ground in the first place. As @Mike_Tiplady says, get advice first - I’ve seen many adjudications fail, not on the substantive content of the claim, but on procedure.

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I presume that Delta were advised that there was a case to answer but you would need much more than just a combined application for payment to create a single contract and it doesn’t appear that any of the other contract administration was combined in this way. Makes you wonder who the advisors were and equally why the adjudicator decided they had jurisdiction in the first place?!

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