Adjudication and the High Court: the right to counterclaim and the binding nature of an adjudicator’s decision
Following on from the Gravity Construction Limited v Total Highway Maintenance Limited case, the High Court has again confirmed the enforceability of an adjudicator ’s decision in the recent case of Principal Construction Limited (PCL) v Beneavin Limited. PCL brought an action to enforce an adjudicator ’s decision relating to the value of variations that PCL had carried out under its contract. Beneavin Contractors Limited (BCL) argued against the enforceability of the adjudicator ’s decision on the basis that the decision was not binding, the adjudicator did not have jurisdiction to hear the claim and the adjudicator materially breached natural justice by refusing to allow BCL to prosecute its counterclaim.
Download our latest article below which was first published by Public Sector Magazine in September 2021.
If you wish to discuss in further detail please contact a member of the Construction & Engineering team or your usual Matheson contact.
Public Sector Construction Sept 2021 PDF | 0.37 MB