Station Road, Sidcup
Close

How can we help?

Please fill in this form and we'll get back to you as soon as possible.

Please enter your name
Please enter your email address
Please enter your telephone number
Please enter a question
Please let us know how you heard about us
Please enter the verification code

We’ll only use this information to handle your enquiry and we won’t share it with any third parties. For more details see our Privacy Policy

Knife-Edge Timing Solves £2.4 Million Construction Contract Dispute

In a striking piece of knife-edge timing, a property developer has convinced the High Court that it was reassigned rights under a construction contract just before a multi-million-pound dispute was placed before an adjudicator. The decision means that the developer is entitled to enforce the adjudicator's £2,477,152 award in its favour.

The developer had employed a contractor to carry out refurbishment works on retail and office space at a cost of almost £19 million. The project was plagued by delays and the developer eventually purported to terminate the contract. The award was made after the developer commenced the adjudication proceedings.

In resisting enforcement of the award, the contractor argued that the developer had assigned its benefits under the contract to a third party and was thus not entitled to commence the adjudication under its own name. On that basis, it was submitted that the award was invalid because the adjudicator lacked jurisdiction.

The Court ruled that such an assignment had indeed taken place. However, it went on to find that, very shortly before the adjudication was commenced – and possibly on the very same day – all rights under the contract had been reassigned to the developer. In the circumstances, the contractor had no real prospect of successfully defending the developer's claim.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.