Cases - Bloor Construction (UK) Ltd v Bowmer & Kirkland (London) Ltd
Record details
- Name
- Bloor Construction (UK) Ltd v Bowmer & Kirkland (London) Ltd
- Date
- (2000)
- Citation
- BLR 314
- Legislation
- Keywords
- Construction contracts - adjudication - implied terms - slip rule - accidental error or omission - whether adjudicator had power to correct error or omission within reasonable time - Housing Grants, Construction and Regeneration Act 1996, section 108 - Arbitration Act 1996, section 57
- Summary
-
Bowmer & Kirkland as main contractors entered into a subcontract with Bloor. Disputes arose, which were referred to adjudication. On the last day of the adjudication period the adjudicator issued his decision to the effect that Bowmer & Kirkland should pay to Bloor the sum of approximately £122,000 within 14 days of the decision.
On the same day, Bowmer & Kirkland notified the adjudicator that he had omitted to take into account various sums paid by them. The adjudicator admitted this mistake and corrected his decision, which was issued later that same evening. The result of the amended decision was that Bloor had been slightly overpaid for the work that they had done, but that as they were continuing to work, this overpayment should not be paid back to Bowmer and Kirkland.
Bloor sought to enforce the first decision of the adjudicator, arguing that once the adjudicator had made his decision it was not open to him to revisit and amend it.
The judge concluded that it was clear that the error in this case falls into the category of a slip. The adjudicator was giving effect to his first thoughts and intentions in his amended ruling. In the absence of any specific agreements to the contrary, the judge held that a term can and should be implied into the contract referring the dispute to adjudication that the adjudicator may, on his own initiative or on the application of a party, correct an error arising from an accidental error or omission.