Cases - Discain Project Services Ltd v Opecprime Developments Ltd

Record details

Name

Discain Project Services Ltd v Opecprime Developments Ltd

Date

(2001)

Citation

80 Con LR 85

Legislation

• Housing Grants, Construction and Regeneration Act 1996
• Scheme for Construction Contracts (England and Wales) Regulations 1998

Keywords

Construction contracts - adjudication - natural justice - fairness - bias - duty to act impartially - secret communication - summary judgment - enforcement - Housing Grants, Construction and Regeneration Act 1996, section 108 - Scheme for Construction Contracts (England and Wales) Regulations 1998, paragraph 13

Summary

Discain entered into a contract with Opecprime to design, manufacture and erect steel balconies. Disputes arose, which Discain referred to adjudication.

The adjudicator decided that Opecprime should pay to Discain the sum of £65,274.19. Discain were seeking to enforce the decision of the adjudicator, which Opecprime were resisting on the basis that the adjudicator had had a number of telephone conversations with representatives of Discain, which was in breach of the rules of natural justice.

The judge concluded that there was no reason in law why an adjudicator should not have telephone conversations with individual parties to the adjudication, but that it would make life a great deal easier for him if he declined to do so.

Having considered all of the evidence the judge concluded that the adjudicator did not act in accordance with the rules of natural justice, nor did the adjudicator conduct the proceedings as fairly as the limitations imposed by parliament permit. The limitations imposed by parliament did not require the telephone conversations of which complaint was made. Accordingly, the judge declined to enforce the decision of the adjudicator.