Contractual interpretation in adjudication disputes (Dawnvale v Hylgar)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Construction analysis: The Technology and Construction Court (TCC) examined the scope of a Tomlin Order/Settlement Agreement following a settlement of enforcement proceedings of an Adjudicator’s decision, and considered whether its terms prevented the commencement of a threatened second adjudication. The TCC was also required to decide whether the threatened second adjudication concerned a ‘dispute’ that had already been determined by the first Adjudication This case highlights the importance of precise language in settlement agreements and the potential for subsequent claims if not explicitly settled. Written by Michael O’Connor, partner at Charles Russell Speechly LLP.