Jurisdiction and misrepresentation: two important cases on the right to adjudicate
The new year has brought with it two interesting decisions from the Technology and Construction Court (TCC) that provide useful guidance on parties’ rights to adjudicate. In Twintec Ltd v Volkerfitzpatrick Ltd  EWHC 10 (TCC), the TCC held that because a letter of intent did not incorporate the terms of a particular subcontract, the appointment of the adjudicator was not valid, thus its decision was open to challenge. Similarly, in Hillcrest Homes Ltd v Beresford and Curbishley Ltd  EWHC 280 (TCC), the TCC denied a right to adjudicate on the basis that claims for negligent misstatement and misrepresentation were outside the ambit of the building contract’s adjudication provisions.
Volkerfitzpatrick had instructed Twintec to construct the floor slabs for a new wine warehouse and bottling plant for Accolade Wines. Volkerfitzpatrick issued a letter of intent to Twintec that required that the subcontractor carry out its works ‘in accordance with’ a standard form subcontract (DOM/2), with the intention that the letter of intent be superseded when the formal subcontract was agreed. In the event, the parties did not enter into a formal subcontract.
Accolade claimed that the floor was unfit for purpose and commenced proceedings for damages. Volkerfitzpatrick served notice of adjudication on Twintec for costs incurred in carrying out testing on the floor slabs to the tune of £850,000. In accordance with the adjudication clause in the DOM/2 subcontract, Volkerfitzpatrick applied to the RICS to have an adjudicator appointed…
Click on the link below to read the rest of the Addleshaw Goddard briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Addleshaw Goddard
News from The Lawyer
Briefings from Addleshaw Goddard
As well as the minimum wage and tax changes, pensions, special purpose share schemes and company cars are getting a political tweak.
From this autumn employers or GPs will be able to refer anyone expected to be off sick for four weeks or longer to the new ‘Fit for Work’ service. Here’s what HR needs to know.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?