Cases - Ken Griffin & John Tomlinson (t/a K&D Contractors) v Midas Homes Ltd
Record details
- Name
- Ken Griffin & John Tomlinson (t/a K&D Contractors) v Midas Homes Ltd
- Date
- [2001]
- Citation
- 78ConLR 21/07/00
- Legislation
- Keywords
- Construction - Adjudication - Jurisdiction - Notice of adjudication - Identification of dispute - Correspondence - Whether correspondence and evidence described the entirety of the dispute - Adjudicator's fees and expenses - Scheme For Construction Contracts (England & Wales) Regulations 1998
- Summary
-
The notice of adjudication referred to the dispute between the parties but did not clarify what that dispute was. The defendants argued that there were a number of disputes between the parties at the time of the notice, and the failure in the notice to specify which dispute was being referred was fatal.
The judge concluded that the notice was difficult to interpret and he was critical of the solicitors who had drafted it. However, he was clear that at least one dispute between the parties related to the validity of a notice of determination.
Therefore, on that issue at least, the judge concluded that the adjudicator had jurisdiction to decide the matter referred.