- Adjudicator’s decision unenforceable where based on contractual terms that were not incorporated (OD Developments v Oak Dry Lining)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- The jurisdictional arguments
- The Part 8 claims
- Case details
Construction analysis: The Technology and Construction Court (TCC) declined to enforce an adjudicator’s decision, where the adjudicator had carried out a valuation on the basis that the parties’ subcontract was governed by the terms of the JCT Design and Build Sub-Contract 2011 (JCT terms), but the court had determined that those terms were not incorporated. The court considered related issues arising from the parties’ agreement and the adjudicator’s appointment. Note that this judgment is dated 2 April 2020, but was only made available in November 2020.
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