- Natural justice challenges to adjudication enforcement (Vinci Construction v Beumer Group)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- The first argument—inconsistency with previous decisions
- The second argument—failure to provide adequate reasons
- The third argument—non-disclosure of previous documents and failure to resign
- Court details
Construction analysis: The Technology and Construction Court enforced an adjudication award in the claimant contractor’s favour by way of summary judgment. The court rejected the three grounds on which the defendant sub-contractor attempted to resist enforcement, namely allegations that the adjudicator (i) made findings which were inconsistent with previous adjudication decisions, (ii) failed to give adequate reasons, and (iii) improperly failed to order disclosure of documents generated in a previous adjudication between the claimant and another of its sub-contractors, and failed, absent such disclosure, to resign. Robert Scrivener at 4 Pump Court Chambers considers the judgment and its implications.
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