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Building Law Monthly

Adjudication and natural justice

In Stellite Construction Ltd v Vascroft Contractors Ltd [2016] EWHC 792 (TCC) Carr J held that an adjudicator had not breached the principles of natural justice. The adjudicator had decided the case on the basis of the material before him in circumstances where the parties were each aware of the relevant material and where the issues to which the dispute gave rise had been fairly canvassed before him. However, in so far as the adjudicator went on to consider what would be a reasonable time for completion of the works, it was held that the adjudicator had exceeded his jurisdiction because the dispute which had been referred to adjudication was the entitlement of the claimant to recover liquidated damages and what would be a reasonable time for completion was beyond that jurisdiction.

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