EXPERIENCE AS ADJUDICATOR

1

(March 1990)

Steelwork Contractor’s claim against

Main Contractor.

Structural Steel frame

Delays and disruption.

£22,000

Written Adjudication.

2

(June 1993)

Tripartite Joint Venture Company involving Arabian, Turkish and Italian interests

Desalination/power generation plant located in the Middle East

Disputes between two of the three joint venture parties as to split of cost liabilities for different parts of the construction works.

Approx $(US) 2.1 million

Written Adjudication.

3

(February 1998)

Building Employer (Commercial Company).  Project Managers

Consultant Architects

Quantity Surveyors

M&E Engineers

Structural Engineers

Management Contractor

Works Contractors

New lecture theatre complex.

Any disputes connected with the project.

Ongoing.  Appointed in advance of construction to act as adjudicator as and when any disputes arise throughout the design, construction and maintenance periods.

4

(October 1998)

Mechanical and Electrical Engineering Contractor

Ventilation Services Subcontractor

Supply and installation of passive stack ventilation system £21,000.

Late payment. 

£13,000.

Written Adjudication.

5

(March 1999)

Building Contractor

Piling Subcontractor

Piling Subcontract £20,000

Alleged defective work involving replacement piling, delay costs, attendance costs, acceleration and LAD's.

£63,000

Received submissions.  Held one day hearing.  Written decision with reasons.

6

(March 1999)

Building Contractor

Restaurant Owner

Restaurant refurbishment.

Alleged non payment for work carried out, and incorrect deduction of discount and retentions.

£16,000

Received submissions

Defence admitted full liability.

Written decision issued with reasons.

7

(April 1999)

Earthworks Subcontractor

Main Contractor

Earthworks subcontract

Interim valuation disputes

£75,000

Written decision with reasons.

8

(April 1999)

Road Markings Contractor

County Council

Road Marking contract

Alleged wrongful deduction of liquidated and ascertained damages.

£22,000

Written decision with reasons.

9

(May 1999)

Plasterboard Partitions Subcontractor

Building Contractor

Plasterboard partitions and associated works

Interim payments, extensions of time, loss and expense, acceleration disputes.

£120,000 plus interest

Written decision with reasons.

10

(May 1999)

Groundworks Subcontractor

Building Contractor

Groundworks

Failure to agree Final Account

£30,000

Written decision with reasons.

11

(May 1999)

Civil Engineering Subcontractor

Civil Engineering Main Contractor

Railway platform works

Interim valuation disputes, loss and expense, re-rates, disruption, management costs.

£600,000

Suspended and then settled by the parties.

12

(June 1999)

Surfacing Subcontractor

Civil Engineering Main Contractor

Bitumen macadam surfacing.

Additional materials costs, loss of productivity due to condition of stone sub-base.

£5,000

Settlement agreed at meeting with Adjudicator after submissions received.

13

(June 1999)

Design and Build Contractor

Holiday Village Company

Two storey leisure building over existing swimming pool.

Frustration of contract.  Determination of contract.  Valuation of Final Account.

£86,500

Settlement between parties after submissions and site visit, at meeting with adjudicator.

14

(July 1999)

Trenching and Mole Ploughing Subcontractor

Ground Irrigation Contractor

Ground excavation, trenching, vibratory mole ploughing and lateral pipework on golf course.

Breach of contract.  Wrongful omission of work.  Disputed interim and final payments.  Withholding of payments.

£21,000

Written decision.  Neither party requested reasons.

15

(July 1999)

Claims Consultant

Demolition Subcontractor

Professional services.

Non payment of professional fees.

£7,000

Written decision with reasons.

16

(July 1999)

Ceiling Contractor

Interior Contractor

Specialist ceiling works.

Withholding of payments.

£15,000

Interest

Costs

Settled between the parties after submission of Statement of Case.

17

(August 1999)

Building Contractor

House Building Company

Housing Contract

Release of retention.

£21,000

Settlement between parties after submission of Referral Notice and Response and period of suspension.

18

(August 1999)

Structural Steelwork Contractor

Main Contractor

Supply, fabrication and fixing of structural steel.

Final Account Dispute involving variations, loss and expense, contra charges and interest costs

£17,000

Written decision with reasons.

19

(September 1999)

Building Services Consulting Engineers

Botanic Garden

Professional Services in connection with Botanic Garden.

Non payment of professional fees.

£10,000

Settled between the parties immediately after service of Referral Notice.

20

(September 1999)

Party Wall Surveyor

Architect

Surveying Services

Non payment of professional fees.  Interest charges.

Costs.

£14,000 plus costs

Written Decision without reasons.

21

(September 1999)

Building Contractor

Health & Leisure Company

New gymnasium

Final account dispute involving variations, extensions of time, loss and expense, interest, LAD's costs.

£200,000.

Settled between the parties after written submissions and five meetings with the adjudicator.

22

(October 1999)

Groundworks Subcontractor

Main Contractor

Construction of Pub and Steak House.

Determination of Subcontract, measure and value disputes delay claims, LAD's, set-offs.

£50,000

Settled between the parties, after written submissions, at a meeting with the Adjudicator.

23

(November 1999)

Surfacing Contractor

Civil Engineering Contractor

Traffic calming scheme.

Withholding of payments, interest, costs.

£6,000 plus costs.

Written Decision without reasons.

24

(November 1999)

Building Contractor

Night Club Owner

Refurbishment of night club.

Withholding of payments, interest, costs.

£175,000 plus costs.

Written Decision without reasons.

25

(November 1999)

Electrical Subcontractor

Electrical Contractor

Electrical works.

Withholding of payments for labour supplied, defective work.

£30,000.

Settled between the parties after written submissions at a meeting with the Adjudicator.

26

(December 1999)

Building Contractor

Nuclear Engineering Contractor

Construction work at Nuclear Power Station.

Determination of Contract,.  Repudiation of Contract.  Frustration of Contract.  Breaches of Contract.  Value of additional works.  Extensions of time, loss and expense, damages, loss of reputation, lost opportunity costs.

£100,000.

Written decision with reasons.

27

(December 1999)

Fabrication Contractor

Main Contractor

Industrial Units

Withholding of payments.

£9,000.

Settled between the parties.

28

(December 1999)

Building Contractor

City Council

Recreation Centre

Valuation of Interim Valuation including variations and loss and expense.

£650,000.

Written decision without reasons.

29

(February 2000)

Decorating Subcontractor

Main Contractor

Commercial Development

Final Account value.  Main Contract delays and LAD's.

£1,500.

Written decision without reasons.

30

(February 2000)

Services Subcontractor

Main Contractor

New Hotel

Release of retention monies.

£18,000

Written decision with reasons.

31

(March 2000)

Building Contractor

Fish and Chip Shop Owner

Construction Fish and Chip shop.

Final Account value.

£100,000.

Written decision without results.

32

(March 2000)

Road Surfacing Subcontractor, Householding Company

Road surfacing and drainage works.

Payment for remedial works.

£2,000 plus interest.

Written decision with reasons.

33

(April 2000)

Brickwork, carpentry and concrete work Works Contractor, Management Contractor

Staff Training Building

Final Account Value

£20,000 plus interest..

Written decision in confirmation of agreement reached by the parties.

34

(April 2000)

Brickwork, carpentry and concrete work Works Contractor, Security Company

Staff Training Building

Final Account Value

£20,000 plus interest.

Written decision in confirmation of agreement reached by the parties.

35

(April 2000)

Mechanical Services and Plumbing Subcontract, Building Contractor.

Mechanical Services and plumbing subcontract on hospital.  New Education Centre.

Exact terms and conditions of Contract (Jurisdiction by Agreement of the parties).  Extension of time, finance charges, liability for delays, delay costs, right to withhold payment, retention percentages and dates.

Claim £37,000.

Counterclaim £13,000.

Written decision with reasons.

36

(April 2000)

Scaffold Company, Painting Contractor

Supply and erection of scaffolding protection and access to facilitate refurbishment of a metal swing bridge.

Exact terms and conditions of contract.  (Jurisdiction by agreement of the parties).  Final account value, loss and expense, interest, damages, contra charges, costs.

Claim £52,000.

Contra charges £26,500.

Written decision with reasons.

37

(April 2000)

Civil Engineering Contractor, Householding Company

Construction of roads and sewers and of a new bridge.

Valuation of work carried out.  Entitlement to withhold payments.  Interest.

£59,000.

Settled by agreement of the parties.

38

(May 2000)

Brickwork, carpentry and concrete work Works Contractor, Management Contractor, Security Company

Staff Training Building

Costs of two previous adjudications

Written decision without reasons.

39

(May 2000)

Joinery Subcontractor, Building Contractor

Painting, decorating and finishing works to joinery.

Non-payment of monies due, interest, costs.

£4,000

Written submissions made then settled between the parties after telephone discussions with the adjudicator.

40

(May 2000)

Glazing Subcontractor, Building Contractor

Re-glazing of Church.

Entitlement to withhold payments, interest, costs.

£18,000 plus interest and costs.

Written decision with reasons.

41

(May 2000)

Groundwork Subcontractor, Construction Company

Construction of retaining walls.

Non payment, withholding of payment, interest.

£120,000

Settled by the parties after directions issued but before Response received.

42

(June 2000)

Building Contractor, Car Sales Showroom

Construction of Car Sales Showroom.

Final account value, loss and expense, defective work, liquidated and ascertained damages, general damage, loss of sales, remedial works.

£100,000 +

Partly settled by agreement of parties after meeting with adjudicator on site and at office.  Written Decision without reasons issued re remaining issues.

43

(June 2000)

Window Manufacturer and Installer, Building Contractorc

Installation of UPVC windows.

Interim payments.

£164,000.

Settled by parties.

44

(June 2000)

H&V Sub-Subcontractor, H&V Subcontractor

Installation of heating and ventilating services.

Valuations of variations, withholding of payments, delays and disruption.

£140,000.

Settled by parties.

45

(July 2000)

Finishing Subcontractor, Main Contractor

Walls, partition and ceilings works.

Value of interim application.

£480,000

Written decision without reasons except as to Adjudicator’s costs.

46

(July 2000)

Building Contractor, Householder

Extensions to house

Date of completion, liquidated and ascertained damages

£4,800

Settled by parties.

47

(July 2000)

Building Contractor, Property Company

DIY Superstore

Excavating of soft spots.  Diversion of culvert.

£120,000

Settled by parties after meeting with the Adjudicator.

48

(July 2000)

Steelwork Subcontractor, Main Contractor

Bus Station

Interim payments, lack of notices, conditional payment policy, interest costs.

£280,000.

Responding Party applied to court and court held Adjudicator had no jurisdiction because of signed “Final Account Agreement”.

49

(August 2000)

Plastering Subcontractor, Main Contractor

Foods Service Building

Non payment of interim applications.

£10,000.

Written decision without reasons. Responding party challenged jurisdiction and did not submit written Response but did attend one meeting.

50

(August 2000)

Tennis Court Contractor, Parish Council

Tennis courts refurbishment.

Withholding of payments

?

Settled by the parties before Referral Notice served.

51

(August 2000)

Wall Cladding Subcontractor, Main Contractor

Overcladding of telephone exchange building

Non payment of monies applied for, lack of Section 110 and 111 notices, variations, discounts.

£25,000

Written decision with reasons.

52

(September 2000)

Mechanical and Electrical Services Subcontractor, Main Contractor

School

Interpretation of contract specification clauses re boilers.

£10,000.

Written decision with part reasons by agreement of the parties.

53

(September 2000)

Main Contractor, Mechanical and Plumbing Subcontractors

Hospital

Delays, loss and expense/damages

£35,000

Written decision with reasons.

54

(September 2000)

Civil Engineering Contractor, House Building Contractor

Reinforced concrete ramps and retaining walls.

Non payment of monies applied for in Interim Applications.  Lack of Section 110 and 111 Notices, interest.

£75,000

Written decision with reasons.

55

(October 2000)

Employer, Building Contractor

Ecology Centre

Extensions of time, loss and expense, variations.

£45,000

Settled by parties after Referral Notice served.

56

(October 2000)

Building Systems Management Subcontractor, Air Conditioning Contractor

Shopping Centre

Valuation of Variations,

£5,000

Settled by parties after submissions made and meeting with Adjudicator.

57

(October 2000)

Screed Subcontractor, Main Contractor

Commercial Development

Quality and value of Work, LAD’s, Contractor’s counterclaim, Interest.

£70,000.

Written decision with reasons.

58

(October 2000)

Joinery Subcontractor, Main Contractor

Clothes Store

Valuation of Final Account, interest on late payments.

£117,000.

Written decision without reasons.

59

(November 2000)

Builder, House Owner 

House extension

Withholding of certified sum without Withholding Notice.

£2,300

Written decision with reasons.

60

(November 2000)

Plastering Subcontractor, Main Contractor

School

Final Account values.

£56,000.

Settled by the parties prior to Referral.

61

(November 2000)

Groundworks Subcontractor, Main Contractor

Residential Development

Interim Payments.

£140,000 plus interest

Referring Party withdrew after accepting challenge to jurisdiction of Adjudicator.

62

(November 2000)

Galvanised Pipework Subcontractor, Cooling Systems Contractor

Laboratory

Interim Payments, Defects, Abatement.

£12,000 plus interest.

Written decision with reasons.

63

(December 2000)

Groundworks Subcontractor, Main Contractor

Residential development

Interim Payments.

£140,000 plus interest.

Referring Party withdrew after accepting challenge to jurisdiction of Adjudicator.

64

(January 2001)

Building Contractor, Public House

Bar and leisure facility.

Interim Payment

£112,000

Written decision without reasons.  Responding Party conceded all issues in its Response.

65

(February 2001)

Roofing Subcontractor, Building Contractor

Lead roofing and guttering to historic building.

Interim and final payments, determination, repudiation, interest.

£26,000

Written decision without reasons.

66

(February 2001)

Foundations, drainage services, roadworks and external works Subcontractor, Main Contractor

Retail Units

Final Account Value, Interest.

£57,000

A number of disputed final account elements were agreed by the parties as a result of QS meetings directed by the Adjudicator and at a meeting with the Adjudicator.  A written Decision with reasons was issued in respect of the remaining disputed items.

67

(March 2001)

Paving and damp proofing work

Commercial offices

Value of Variations and Final Account, Defective Work, Design, Contra Charges.

£180,000

Settled by the parties after submission of Referral, Response and Reply and meeting with Adjudicator.  Both parties expressed that adjudication process had led to settlement.

68

(March 2001)

Conversion of property to flats

Flats above restaurant.

Interim payment.

£17,000

Settled by the parties after submission of Referral and Response.

69

(March 2001)

Shop fit out

Fitting out of shop premises.

Final account payment.

£56,000.

The Referring Party decided not to proceed.

70

(April 2001)

Lift Installation

Lift Installation

Contra charges, LAD, prolongation claims, variations, costs, interest.

£54,000

Written decision with reasons.

71

(April 2001)

Professional Services

Quantity Surveying Services

Payment of fees, quality of services provided.  Whether all services within scope of the Act.

£13,000.

Written decision with reasons.

72

(May 2001)

Building Contractor, Club/Leisure Facility

Bar and leisure facility

Interim payment

£64,000 plus interest.

Written decision with reasons.

73

(May 2001)

Building Contractor, Club/Leisure Facility

Bar and leisure facility

Extensions of time, Liquidated and ascertained damages, Defects, Repudiatory breach, HGCR suspension, Abatement, Subcontractors

£155,000

Written decision with reasons.

74

(June 2001)

Joinery Subcontractor, Building Contractor

Fit out of restaurant and night club.

Final account, rates, dayworks, quantities, SMM issues, overtime, payments, loss and expense.

£62,000

Settled by the parties during meeting with adjudicator.

75

(June 2001)

Partition and Dry Lining Subcontractor, Main Contractor

Hospital

Final account, rates, measures, express/ implied Terms, delays/EOT’s, loss and expense/damages, contra charges, retention, late payment, interest

£220,000

Settled by the parties after meeting with Adjudicator.

76

(July 2001)

Building Contractor, Developer

Football Stadium

Interim Payments, EOT’s, LAD’s, Interest

£190,000

Written decision with reasons.

77

(July 2001)

Building Contractor, Developer

Offices/Residential

Interim payments, interest.

£95,000

Written decision with reasons.

78

(July 2001)

Steelwork Subcontractor, Building Contractor

Residential Development

Interim Payments

£95,000

Settled 2 days after appointment.

79

(July 2001)

Shop Fitting Contractor, Retailer

Shop fit out.

Final Account.

£56,000

Settled by parties at meeting with Adjudicator after written submissions.

80

(August 2001)

Railway Signalling Company, Testing Company

Railway Signalling Installation Testing

Interim payments

£55,000

Written decision with reasons.

81

(August 2001)

Electrical Sub Subcontractor, Heating Contractor

Electrical maintenance on various premises

Interim payments

£66,000

Written decision without reasons.

82

(September 2001)

Main Contractor, Mastic Asphalt Subcontractor

Mastic Asphalt Flooring to Health Centre

Payments

£2,874.66

Administrator appointed by Responding Party so Referring Party withdrew.

83

(September 2001)

Main Contractor, Mastic Asphalt Subcontractor

Mastic Asphalt Flooring to School

Payments

£2,291.25

Administrator appointed by Responding Party so Referring Party withdrew.

84

(September 2001)

Main Contractor, Roofing Subcontractor

Curved sheet roof cladding, louvres, flashings, copings and gutters.

Extensions of time.

Loss and expense/damages

Variations

Interest

Compliant and Non Compliant work

£120,000

Written decision with reasons.

85

(September 2001)

Windows Subcontract, House Builder

Windows to housing development.

Interim payments

Interest

£26,000

Settled by the parties after Referral, Response and Reply submitted.

86

(September 2001)

Property Developer

Building Contractor

Apartment Blocks Development and A3 space.

Extensions of time, LAD’s, prolongation costs, variations, amendments to contract interest.  Undisclosed agency.

£1,500,000

Written decision with reasons.

87

(October 2001)

Civil Engineering Contractor, Electrical Subcontractor

Sewage Works

Extension of time, prolongation and disruption costs, incentive payments, variations.

£950,000

Written decision with reasons.

88

(October 2001)

Surfacing Contractor, Horticultural Nurseries

Excavation of contaminated land and construction of reinforced concrete capping slab

Non payment

£8,000

Responding party made no submission.  Reasons not requested.  Written decision issued.

89

(October 2001)

Surfacing Contractor, Groundwork Contractor

Laying of road base

Payment due, VAT, Interest, Costs.

£5,000

Written decision without reasons.

90

(October 2001)

Electrical Contractor, Development Company

Electrical Installation

Valuation of variations, delay and disruption costs, interest.

£130,000

Written decision without reasons.

91

(November 2001)

Blockwork Subcontractor, Building Contractor

Blockwork at school

Non payment, Interest.

£5,000

Written decision with reasons.

92

(November 2001)

Building Contractor, Bar and restaurant owner

Fitting out of bar and restaurant.

Extension of time, Valuation of Works, Loss and Expense, Interest, Costs.

£52,000

Settled after Referral.

93

(December 2001)

Plant Hire Company, Building Contractor

Plant hire.

Non payment, Interest

£3,000.

Settled after nomination.

94

(December 2001)

M&E Subcontractor, Main Contractor

Mechanical and electrical services.

Variations, extensions of time, loss and expense, interest

£750,000

Settle after written submissions and immediately after meeting with Adjudicator.

95

(December 2001)

Plastering Subcontractor, Building Contractor

Plastering Subcontract.

Final Account Value

£29,000

Settled after Referral.

96

(January 2002)

Building Contractor, Development Company

Construction of Cinema and Leisure Complex.

Extensions of time, loss and expense, monies withheld, interest.

£3 million.

Decision without reasons.

97

(February 2002)

Window Subcontractor, Building Contractor

Installation of aluminium windows and doors

Non payment

Lack of notices

£27,000

Settled before Referral issue.

98

(February 2002)

Roofing Specialist, Roofing Subcontractor.

Waterproof and wearing system to car park.

Non Payment

Interest

Costs

£79,000

Settled at 1st meeting with Adjudicator after Referral, Response and Reply.

99

(February 2002)

Subcontractor, Main Contractor

Demolition, alterations, in situ concrete and external works to Museum.

Interim payment

Valuation of Works

£400,000

Settled at meeting with adjudication after Referral, Response and Reply.

100

(March 2002)

Architect/Contract Administrator, Employer

Payment for Architectural Services.

Method of calculation of fees.  Value of fees for additional work.

£115,000.

Settled after a full day meeting with the parties after Referral, Response and Reply.

101

(May 2002)

M&E Subcontractor, Main Contractor

M&E services to commercial offices.

Final Account value.

£135,000

Settled after Referral.

102

(July 2002)

Rooflight installer, Main Contractor

Supply and installation of rooflights

Final Account value.

£2,000.

Decision without reasons.

103

(July 2002)

Floor and Ceiling Contractor, Main Contractor

Flooring Subcontract

Valuation of Variations

Referring Party did not proceed due to lack of funds.

104

(August 2002)

Building Contractor, Property Owner

Renovation and extension work.

Value of variations.

Liquidated and ascertained damages.

Interim payments.

£160,000

Settled before Referral.

105

(August 2002)

Timber Component Subcontractor, House Builder

Supply and installation of timber components to houses.

Retention money.

Interest

Costs.

£17,000

Decision with reasons.

106

(October 2002)

Maintenance Contractor, Public House and Restaurant Group

Repairs and maintenance term contract on numerous properties.

Final Account value.

£240,000

Decision with reasons.

107

(November 2002)

Building Contractor, Property Developer

Renovation and building works to commercial offices and retail shops.

EOT’s, LAD’s, loss and expense, prolongation and disruption.

£60,000

Decision with reasons.

108

(December 2002)

Building Contractor, Developer

Football Stadium

EOT’s, LAD’s, Loss and expense, variations, interest.

£175,000

Settled at a meeting with Adjudicator.

109

(December 2002)

Building Contractor, Groundwork Subcontractor

Primary School

Final Account value.

£21,000.

Settled at meeting with Adjudicator.

110

(December 2002)

Building Contractor, Geotechnic Subcontractor

Retail Development

Defective work, remedial work costs, loss and damages.

£72,000.

Jurisdiction challenge accepted as valid by Adjudicator.

111

(January 2003)

Geotechnic Subcontractor, Building Contractor

Retail Development

Value of interim payment

£100,000

Settled after submissions from the parties and a meeting with the Adjudicator.

112

(January 2003)

Pipeline Contractor, Building Contractor

School : Water and gas mains

Value of Final Account

£42,000

Settled after submissions from the parties at a meeting with the Adjudicator.

113

(January 2003)

Housing Maintenance & Repairs Contractor, Housing Association

Void housing

Value of Final Account

£400,000

Decision with reasons.

114

(February 2003)

Building Contractor, Metropolitan Borough Council

Residential high rise flats

Extensions of time, loss and expense.

£180,000

Decision with reasons.

115

(February 2003)

Subcontractor, Main Contractor

Aluminium windows, doors and curtain walling to office block.

Interim payments.

£135,000

Settled after Referral and directions letter.

116

(February 2003)

Sub-Subcontractor, Subcontractor

Foul and surface water drainage to Music Centre

Interim and final payments

£140,000

Written decision with reasons.

117

(February 2003)

Developer, Contractor)

School extension

Final Account payment

£55,000

Settled by the parties after Referral and directions.

118

(March 2003)

Main Contractor, M&E Subcontractor

Residential Accommodation for people with learning difficulties/physical disabilities.

Final Account Value

Contra Charges

Costs

£25,000

Written decision with reasons.

119

(March 2003)

Sub-Subcontractor, Subcontractor

Foul and surface water drainage to Music Centre

Head Office overheads

Site overhead costs

Interest

£70,000

Written decision with reasons.

120

(March 2003)

Building Contractor, Pharmaceutical Company

Extension to warehouse

Withheld interim payment

£59,000

Written decision with reasons

121

(March 2003)

Services Subcontractor, Main Contractor

Services installation. Multi-storey apartment block.

Value of measured work

Contra charges

EOT’s

Loss and expense

£195,000

Settled by the parties after Referral.

122

(April 2003)

Pharmaceutical Company, Building Contractor

Extension to Warehouse

Extensions of Time

Liquidated and ascertained damages

£50,000

Written decision with reasons.

123

(May 2003)

Management Contractor, Groundworks Work Package Contractor

Extension to hospital

Payment, valuation, extensions of time, loss and expense, interest, costs.

£110,000

Written decision with reasons.

124

(May 2003)

M&E Subcontractor, Main Contractor

Air Conditioning to Fitness Centre

Interim payments

£45,000.

Written Decision with reasons.

125

(July 2003)

Shopfitting Company, Building Contractor

Young Persons Drop In Centre

Interim payments

£12,000

Written Decision with reasons.

126

(July 2003)

Property Investment Company, Property Developer

Apartments

Final Account

£55,000

Referring Party ended adjudication after Referral and jurisdiction challenge.

127

(August 2003)

Roofing & Cladding Subcontractor, Employer

Nominated by RICS

Industrial Unit

Interim payment

£35,000

Settled by the parties after Referral.

128

(August 2003)

Building Contractor, Metropolitan Borough Council

Residential high rise flats

Extensions of time, loss an expense, variations.

£600,000

Written decision with reasons.

129

(September 2003)

Building Contractor, Tiling Subcontractor

Commercial Offices.

Interim payment, termination.

£25,000

Decision without reasons.  (Both parties stated reasons not required).

130

(September 2003)

Building Contractor, County Council

Business Units

Prolongation costs/damages

£60,000

Written decision with reasons.

131

(October 2003)

Manufacturing Company, Steelwork Company

New Factory

Payment for steel fabricated and stored off site.

£25,000

Settled by agreement of the parties at a meeting at the Adjudicator’s office.

132

(November 2003)

Steelwork Subcontractor, Building Contractor

Steel Frame Building

Final Account

£70,000

Settled by agreement of the parties after Referral and directions by Adjudicator.

133

(November 2003)

Shopfitting Company, Retail Store

Retail Store

Non-payment of Interim Certificate

£318,000

Settled by the parties after Referral.

134

(December 2003)

M&E Subcontractor, M&E Contractor)

Multiple Retail Outlet.

Valuation of variations, non payment.

£70,000

Valid jurisdiction challenge after Referral.  Parties then agreed to use Adjudicator as Mediator.

135

(December 2003)

Building Contractor, Property Owner

Refurbishment of offices

Liquidated and ascertained damages.

£62,000

Written decision with reasons.

136

(December 2003)

Project Manager, Property Owner

Remodelling of apartment.

Unpaid fees.

£2,500.

Valid jurisdiction challenge made after receipt of Referral.  Adjudicator resigned.

137

(December 2003)

Building Contractor, Property Developer

Office Building.

Alleged failure of Employer to appoint replacement Architect.  Non payment Final Account.

£214,000

Settled by the parties before Referral received.

138

(December 2003)

Building Contractor, Building Owner

Naval Building

Value of work done.

£27,000

Settled by the parties after Referral.

139

(Jan 04)

Property Company, Building Contractor

Refurbishment of industrial unit.

Interim payments

£43,000.

Settled by the parties after Referral.

140

(Apr 04)

Construction Company, Police Authority

Construction of Divisional Police Headquarters

Interim payments.

£190,000

Parties agreed to end the adjudication.

141

(Apr 04)

Property Developer, Building Company

Construction of four town houses.

Determination of Contractor’s employment under the Contract.

£300,000.

Written decision with reasons after issues narrowed by agreement of the parties.

142

(Apr 04)

Civil Engineering Design Consultants, Property Developer

Design of Highway Works for new retail park.

Unpaid fees.

£70,000

Parties agreed to end adjudication after Referral and discussions with Adjudicator.

143

(May 04)

Partitions and Ceiling Subcontractor, Main Contractor

Partitioning and Ceilings work to University College.

Value of final account after determination of contract.

£170,000

Parties settled dispute after submission of Referral, Response and Reply.

144

(June 04)

M&E Sub-Subcontractor, M&E Subcontractor

Learning centre.

Final account variations, disruption, delay, contra charges, interest.

£55,000.

Parties settled dispute at a meeting with the Adjudicator after submissions of Referral, Response, and Reply.

145

(July 04)

Main Contractor, Steel Coatings Subcontracto

Conversion of warehouse to flats, hotel rooms and penthouse units.

Final Account value, repayment of overpayment, interest charges.

£110,000

Written decision with reasons.

146

(July 04)

M&E Sub-Subcontractor, M&E Subcontractor

External gas mains

Final Account value and interest costs.

£8,000

Parties settled after Referral and before Response.

147

(August 04)

Scaffolding Contractor, Building Developer

Scaffolding

Final Account value and interest costs.

£6,500

Written decision with reasons.

148

(September 04)

Groundworks & Drainage Contractor, Construction Management Company

Groundworks and drainage to industrial unit.

Final Account value.

£30,000.

Resigned after Referral.  Valid jurisdiction challenge by Responding Party.

149

(October 04)

Construction Company, College

New changing rooms at college.

Rules of measurement.

£25,000.

Settled by the parties after Referral and issue of directions.

150

(November 04)

Construction Company, Factory Owner

Alterations and extension to industrial building.

Interim payment, validity of notices, interest.

£500,000.

Written decision with reasons.

151

(November 04) (Adjudication 1)

Factory Owner, Construction Company

Alterations and extension to industrial building.

Defects

£500,000

Resigned after Referral. Valid jurisdiction challenge by Responding Party.

152

(November 04) (Adjudication 2)

Factory Owner, Construction Company

Alterations and extension to industrial building.

Defects

£500,000

Resigned after Referral. Valid jurisdiction challenge by Responding Party.

153

(November 04)

Construction Company, M&E Subcontractor

Shopping Centre

Variations, Abatements, Contra Charges for Final Account.

£1,100,000

Written Decision with reasons.

154

(November 04)

Car Showroom and Workshop Design Contractor, Building Contractor

Car Showroom and Workshop

Design of Roller Shutter doors

Declarations

Written decision without reasons.

155

(November 04)

Building Contractor, Subcontractor

Works to existing school building.

Value of drawings and groundworks.

£330,000 plus interest.

Valid jurisdiction challenge.  Adjudicator resigned.

156

(December 04)

Public House Company, Interiors Contractor

Work to Public House

Withholding of monies

£137,000

Referring Party beame insolvent.  Adjudication ended.

157

(January 05)

Plastering Subcontractor, Building Contractor

Residential property – new build.

Value of dry lining and plastering work.

£7,000 plus interest

Settled by the parties after Referral.

158

(January 05)

Plastering Subcontractor, Building Contractor

Residential property – new build.

Value of dry lining and plastering work.

£10,000 plus interest.

Settled by the parties after Referral.

159

(February 05)

Steelwork Subcontractor, Main Contractor

Steel Erection and Pre-cast Installation at Arena

Interim valuation.

£735,000

Written Decision with Reasons.

160

(February 05)

Building Contractor, Metropolitan Borough Council

Structural repairs, overcladding, fire protection, refurbishment, external works.

Extension of time, deduction of LAD’s.

Declarations sought.

Settled by the parties after Referral and before the submission of the Response.

161

(February 05)

Building Services Subcontractor, Building Contractor

Heating Installation.

Interim and final valuations of variations.

£53,000.

Settled by the parties after Referral at a meeting with the Adjudicator.

162

(March 05)

Window Manufacturer and Installer, Building Company

Residential Development

Interim Valuations, Withholding Notices.

£30,000

Settled by parties after Referral.

163

(March 04 – March 05)

Car Manufacturer, M&E Subcontractors

Car Manufacturing and Sales Facility.

Value of Final Account including claims for delays and disruption.

£1,100,000.

Settled by the parties after Referral, Response and Reply and a series of meetings with the Adjudicator.

164

(March 05)

Building Contractor, Steelwork Subcontractor

City Centre Apartment Building.

Value of Final Account, set-off, delays, claims.

£230,000

Written decision with reasons.

165

(March 05)

Construction Company, Supermarket Company

New superstore and associated highway works.

Valuation of variations.

£2.2 million

Written decision with reasons.

166

(March 05)

Steelwork Company, Building Contractor

Two separate projects.

Withholding notices, interim payments.

£35,000.

Resigned after Referral following valid jurisdiction challenge.  Responding Party did not consent to one adjudication on two disputes on two different contracts.

167

(April 05)

Flooring Company, Building Contractor

Flooring to hospital.

Final account value and interest

£40,000

Referral withdrawn by Referring Party after submission of Response.

168

(April 05)

Electrical Subcontractor, Building Contractor

Electrical works to hotel.

Value of Interim Payment.

£70,000

Settled by the parties at a meeting with the Adjudicator after Referral, Response and Reply.

169

(April 05)

Decorating Subcontractor, Building Contractor

Decoration works to hotel.

Value of final payment, determination, repudiation.

£60,000

Settled by the parties at a meeting with the Adjudicator after Referral, Response and Reply.

170

(May 05)

Roofing Subcontractor, Building Contractor

Roofing works to new Cash and Carry development.

Value of interim payment.

£30,000

Settled by the parties after Referral.

171

(June 05)

Building Contractor, Racing Stables

Construction of gallop

Basis of contract, value of work carried out.

£80,000.

Valid jurisdiction challenge – resigned.

172

(June 05)

M&E Sub-Subcontractor, M&E Subcontractor

Industrial Development.

Valuation of Variations.

£90,000.

Referring Party withdrew the reference after Referral, Response, Reply and meeting with adjudicator because of a flaw in the Notice of Adjudication and Referral.

173

(July 05)

Roofing and Cladding Contractor, Building Contractor

Commercial Offices

Valuation of variations.

£300,000

Settled by the parties after Referral and further submission and a meeting with the Adjudicator.

174

(August 05)

Building Contractor, Student Accommodation Owner

Student residences.

Payment due.

£37,000.00.

Written decision with reasons.

175

(August 05)

Building Contractor, Football Club

Football club house, stand and all weather pitches.

Interim valuation

£40,000

Settled by the parties after Referral.

176

(August 05)

Building Contractor, Education College

Arts Block, CDT Centre and external works.

Measured account value, extensions of time, LAD’s, interest.

£240,000

Written decision with reasons.

177

(September 05)

Scaffolding Contractor, Building Contractor

Residential apartments.

Interim payments.

£450,000.

Resigned – No construction contract evidenced in writing.

178

(September 05)

Building Contractor, Developer

Holiday Villas.

Final Account value and defects.

£5,000

Settled by the parties after Referral at a meeting with the Adjudicator.

179

(October 05)

Special Service Vehicle Company for Hospital Developments and Servicing, National Health Service Trust.

Development of Hospitals and ongoing provision of services on three sites under a PFI Contract.

Delays, costs, rates and energy costs, capital cost.

£4 million.

Adjudication ended by agreement of the parties after written submissions as directed by Adjudicator.

180

(October 05)

Architect’s practice, Development Company

Design of residential and live work units.

Amount to be paid for professional fees.  Legal costs, in-house costs and experts costs in the adjudication.

£100,000

Written decision with reasons.

181

(November 05)

Scaffolding Contractor, Roofing and Cladding Company

Roofing and cladding on Retail Centre

Value of work carried out.

£38,000.

Settled by the parties after submission of Referral, Response and Reply.

182

(December 05)

Asbestos Removal Subcontractor, Asbestos Removal Specialist Company

Asbestos Waste Removal

Value of work carried out.

£47,000

Settled by the parties after submission of Referral, Response and Reply.

183

(January 06)

Construction Group, Motorway Concessionaire

Motorway

Interim payment for variations

£11 million

Written decision with reasons

184

(January 06)

Groundworks Subcontractor, Construction Company

Special Education Needs School

Relevance of retention money

£11,000

Valid jurisdiction challenge after Referral.  Adjudicator resigned.

185

(February 06)

Window manufacturer and installer, Main Contractor

Hospital

Release of retention monies. Interim payment. Repudiatory breach. Interest.

£40,000.

Written decision with reasons.

186

(March 06)

Building Contractor, Building Developer

Refurbishment of shop and apartments.

Interim payment, Value of variations, Verbal Instructions, Defective work, Incomplete work, Interest.

£110,000

Written decision with reasons.

187

(March 06)

Building Developer, Building Contractor

Refurbishment of shop and apartments.

Valuation of work not in accordance with the contract.

£65,000

Written decision with reasons.

188

(March 06)

Groundwork Subcontractor, Construction Company

School

Release of retention

£10,000

Written decision with reasons.

189

(March 06)

Building Contractor, Property Developer

Renovation of dwelling

Construction of Contract, Lump Sum or Costs Plus, Final Account Value, Notices, Interest.

£55,000

Written decision with reasons.

190

(March 06)

Building Contractor, House Owners

Alterations and extensions to dwelling.

Extensions of time, LAD’s, Payments due, Final Certificate.

£110,000.

Written decision with reasons.

191

(April 06)

Earthworks Subcontractor, Main Contractor

Earthwork and groundworks to PFI School Contract.

Value of variations, Construction of Contract Clauses, Waiver, Estoppel

£164,000

Written decision with reasons.

192

(April 06)

Building Contractor, Development Company

Retail Units.

Payment of retention monies.

£25,000.

Settled by the parties after the Referral.

193

(June 06)

Building Contractor, Borough Council

Sports and leisure centre.

Withholding of contra charges

£80,000.

Written decision with reasons.

194

(June 06)

Scaffolding Company, Construction Company

Energy Centre

Payment, withholding notices

£55,000

Settled by the parties after Referral.

195

(July 06)

Building Contract, Clinic

Renal and Diabetic Clinic

Payment, withholding notice

£28,000

Written decision with reasons.

196

(July 06)

Housing Association, Building Contractor

13 No. Dwellings.

Final Account Value, Notices, Interest, Effects of “Settlement Agreement” .

£135,000

Written decision with reasons.

197

(July 06)

Building Contractors, Housing Association

13 No. Dwellings

Final Account Value, Settlement Agreement.

Value of Final Account (£700,000).

Written decision with brief reasons.

198

(August 06)

Building Contractors, Care Home

Extension to Care Home.

Value of Variations, Liquidated and Ascertained Damages

£120,000

Settled by the parties after Referral.

199

(August 06)

Management Contractor

House Owner

Refurbishment and extension of grade 1 country residence

Final account value

£1.8 million

Written decision with reasons

200

(August 06)

Consulting Engineers

Property development company

Civil and structural engineering services on mixed residential and commercial multi-storey development.

Professional fees

£50,000

Settled by the parties after referral.

201

(September 06)

Property Development Company, Building Contractor

Design and build of 7 dwellings

Final Account value, LAD’s, interest, defective work, contract amendment clauses.

£550,000.

Written decision with reasons.

202

(September 06)

Building Contractor, Social Club

Refurbishment and extension of Social Club

Interim Payment

£32,000

Written decisions with reasons.

203

(November 06)

M&E Subcontractor, Building Joint Venture

M&E Installations to New Hotel.

Extensions of time.

N/A

Partly settled by parties after submissions and meetings with Adjudicator.  Written decision with reasons.

204

(December 06)

Main Contractor, Groundworks Subcontractor

Brethren Hall

Payment due upon “termination”, loss of profit, interest.

£21,000.

Written decision with reasons.

205

(January 07)

Building Contractor, Property Developer

82 Apartments

Interim payment and interest.

£54,000

Settled by the parties after Referral.

206

(February 07)

Property Developer, Building Contractor

Refurbishment of shop and flats

Final Certificate payment, damages for late completion, interest

£49,000

Written decision with reasons.

207

(March 07)

Building Contractor, Residential Property Owner

Construction of disabled accommodation.

Interim value.

£238,000

Settled by the parties after Referral and Response.

208

(April 07)

Architect, Construction Company

Construction of School

Payment of Architect’s fees

£28,000

Written decision with reasons.

209

(April 07)

Architect, Construction Company

Construction of School

Payment of Architect’s fees

£360,000

Written decision with reasons.

210

(April 07)

Architect, House owner

(Armstrong Architects Ltd, Mr & Mrs Duffy)

(Appointed by CIC

Design of house

Payment of Architect’s fees.

£12,000.

Resigned after Referral after valid jurisdiction challenge.

211

(June 07)

Building Contractor, Property Company

Nine detached dwellings.

Interim payments.

£340,000.

Resigned after valid jurisdiction challenge in the Response.

212

(June 07)

M&E Subcontractor, Building Contractor

Hotel development

Value of variations, loss and expense, finance charges.

£570,000

Written decision (Parties agreed no reasons).

213

(June 07)

Demolition Contractor, Property Company

Demolition work at Dental Surgery

Interim payment

£25,000

Written Decision with reasons.

214

(July 07)

Building Contractor, Material Supplier

New facility for bagging plaster.

Interim payment, set off.

£35,000

Settled by the parties after Referral.

215

(July 07)

Building Contractor, Farmer

Conversion of stables to commercial office units.

Validity of Final Certificate.

Final Account value.

£55,000.

Settled by the parties after Referral, Response and Reply at meeting with Adjudicator.

216

(August 07)

 Building Contractor, Property Developer

Residential Building.

Entitlement to Certification of Making Good Defects.

No monetary value.

Written decision with reasons.

217

(August 07)

Building Contractor, Property Developer

Residential apartments.

Interim payments.

£390,000.

Referring Party to withdraw Notice after appointment but before Referral.

218

(August 07)

Building Contractor, Property Developer

Design and build of 9 residential properties.

Interim payments.

£380,000.

Written decision with reasons.

219

(September 07)

Building Contractor, School Governors

New special needs classroom.

Final Account value including loss and expense and variations.

£35,000

Written decision without reasons.

220

(September 07)

Property Developer, Building Contractor

Retail and Apartments development.

Liquidated and ascertained damages.

£750,000.

Written decision with reasons.

221

(September 07)

House Owners, Building Contractor