In the context of a construction contract, if you refer a dispute to adjudication and then don't happen to like the adjudicator nominated for whatever reason - for e.g. perceived bias, lack of expertise etc - are you entitled to withhold service of the referral documentation from the adjudicator so that the adjudication lapses?
Furthermore, can you do the same thing time and time again until you get an adjudicator that you happen to like?
The fact of the matter is that the law as it currently stands doesn't stop you from doing that. However, in a recent case involving two construction giants Lanes Group plc and Galliford Try Infrastructure Limited, the Judge concluded that many people would perceive that sort of conduct as an abuse of the contractual and statutory process of adjudication and that consequently there was a respectable argument that one can only refer a given dispute once to adjudication.
That doesn't represent the final answer to the problem but it is a fairly clear indication that the Courts will try and find a way to stop you if that is what you are intent on doing.
For advice and assistance about any construction dispute whether involving adjudication or otherwise please contact Nick Lambert on 0114 266 6660 or email [email protected].
