Citation: All ER (D) 17 TCC
Nature of case: The claimant employer’s action for enforcement of an adjudicator’s award of liquidated damages in its favour was unsuccessful. The court found that the adjudicator had been wrong to refuse to consider the defendant’s submissions in the second adjudication, on liquidated damages, having regarded the first adjudication, refusing an extension of time to the contractor as determinative of this issue. The judge took the view that the contractor’s arguments in the second adjudication were ‘a far cry’ from the matters considered in the first adjudication and so should have been taken into account.
See other reports: [2006] CILL 2329 and [2006] BLM Vol.23 No.47 TCC
