- Adjudication decision not enforced where doubt as to existence of contract (M Hart Construction v Ideal Response)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Construction analysis: The court refused to enforce two adjudications (both involving the same two parties) because there was a real prospect that there was no contract between the parties as there had not been an effective novation from an original contracting party—therefore the adjudicators had not had jurisdiction to determine the disputes. However, a third adjudication, involving a different claimant, was enforced because the incorrect description of the contractual parties in the referral notice did not render the notice invalid or restrict the adjudicator's jurisdiction. Daniel Churcher of 4 Pump Court Chambers examines the decision and its practical implications.
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