Geoff Brewer of Brewer Consulting considers the adjudication ambush
Series: Contract Journal ; 413(6371) 4 April 2002, 22(1)Publication details: 2002Subject(s): Summary: Reviews "Edmund Nuttall v R G Carter Limited", which considered the extent to which new facts and matters may be relied on in an adjudication. Case dealt with matter of presentation of new claims in a notice served ten days before Christmas, material which had not been seen before by defendant (C). Case was still decided and lost. C refused to pay,and case proceeded to enforcement. Adjudication judged decision had been without jurisdiction and was unenforceable. Concludes that while a party can refine arguments for the purpose of adjudication, if it intends to rely on new facts and matters, the other party must be given sufficient opportunity to respond before commencement of adjudication.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS65360 (Browse shelf(Opens below)) | 1 | Available | 117834-1001 |
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Reviews "Edmund Nuttall v R G Carter Limited", which considered the extent to which new facts and matters may be relied on in an adjudication. Case dealt with matter of presentation of new claims in a notice served ten days before Christmas, material which had not been seen before by defendant (C). Case was still decided and lost. C refused to pay,and case proceeded to enforcement. Adjudication judged decision had been without jurisdiction and was unenforceable. Concludes that while a party can refine arguments for the purpose of adjudication, if it intends to rely on new facts and matters, the other party must be given sufficient opportunity to respond before commencement of adjudication.