Cases - Buxton Building Contractors Ltd v Governors of Durand Primary School
Record details
- Name
- Buxton Building Contractors Ltd v Governors of Durand Primary School
- Date
- [2004]
- Citation
- AII ER (D) 89 (Apr)
- Legislation
- Keywords
- Construction contracts - adjudication - referral - fairness - refusal to consider evidence - failure to consider issues - cross-claim - witholding notices - parties not legally represented - summary judgment - enforcement - Scheme for Construction Contracts (England and Wales) Regulations 1998, paras 17, 20 of Pt I of Schedule
- Summary
-
The adjudicator refused to consider information served by the school and then found in favour of Buxton. Judge Thornton declined to enforce the decision on the basis that it was 'intrinsically unfair in that it was arrived at following a failure to consider or decide core referred issues'.
Having regard to all the documentation referred to the adjudicator, the dispute raised a number of difficult questions. The adjudicator's failure to consider these questions amounted to a serious failure to comply with paragraphs 17 and 20 of Part 1 of the Schedule to the Scheme for Construction Contracts (England and Wales) Regulations 1998.