When adjudicators go too far
Summary
The article discusses a High Court decision refusing to enforce a £1.65m adjudication award because the adjudicator relied on a reasoning path that neither party had advanced, breaching natural justice. The case arose from a delay claim on an NEC4 project and reinforces that while adjudication remains a fast interim dispute process, it must still be conducted fairly.
Why it matters
For residential property surveyors involved in construction disputes, contract administration or project oversight, the case highlights the importance of procedural fairness in adjudication and the risk of decisions being overturned if an adjudicator strays beyond the parties' cases. It also underlines the need to identify and respond to emerging issues during dispute resolution.
Key points
- High Court refused to enforce a £1.65m adjudication award.
- Decision turned on unfair process, not simply an incorrect outcome.
- Adjudicator relied on a case neither party had advanced.
- The dispute concerned delay on a £19.8m NEC4 project.
- Courts continue to support adjudication, but only within fair process limits.
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