Cases - PT Building Services Ltd v ROK Build Ltd
Record details
- Name
- PT Building Services Ltd v ROK Build Ltd
- Date
- [2008]
- Citation
- EWHC 3434 (TCC)
- Legislation
- Keywords
- Adjudication - new information submitted with the referral need not render the adjudication process unfair - adjudication was unenforceable because the dispute had not crystallised
- Summary
-
Even a substantial amount of new information submitted with the referral need not render the adjudication process unfair provided that the adjudicator manages the process so as to give the responding party an adequate opportunity of responding to the issues raised. This may be, for example, during a meeting.
In this case there were 2 adjudications. ROK asserted that the first adjudication was unenforceable because the dispute had not crystallised. PT Building then commenced a subsequent adjudication which ROK asserted they could not do because the dispute had already been referred to adjudication.
The second adjudicator agreed and resigned. When PT Building sought to enforce the first adjudication ROK again argued that the decision was unenforceable. The court found that ROK had to maintain a consistent position. Having relied on the decision in the first adjudication to persuade the second adjudicator to resign, they could not now argue that the adjudicator in the first adjudication lacked jurisdiction.