What is the status of an adjudicator’s decision before court judgment?
What is the status of an adjudicator’s decision, in the period following the decision but before a judgment by a court or an award by an arbitrator? Just how ‘binding’ is it? What (if any) effect does a decision have upon the burden of proof in later proceedings?
This was just one of the issues considered by the Court of Appeal in the case of Walker Construction (UK) Ltd v Quayside Homes Ltd & Anor .
Walker was a civil engineering contractor, whose business involved carrying out drainage and highway works. Quayside was a developer of residential homes, who had secured planning permission to construct more than 300 homes on land known as Willowbank. Walker tendered for some works at the project, and won what in fact became two contracts (for on-site and off-site works)…
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Wragge & Co outlines the background to the case and the court’s decision and provides a comment on its impact for public bodies.
The Court of Appeal case of RWE Npower Renewables Ltd v J N Bentley Ltd acts as a reminder to draftsman not to place too much reliance on these clauses.