J Murphy and Sons Ltd v W Maher and Sons Ltd

Adjudication – Jurisdiction. The Technology and Construction Court dismissed the claimant sub-contractor's claim seeking a declaration that an adjudicator had no jurisdiction to entertain a dispute with the defendant sub-sub-contractor, which arose out of an alleged final settlement between the parties. What had supposedly been settled was the alleged entitlement to be paid 'under' the original sub-sub-contract. As a matter of construction of the sub-sub-contract, it was clear that the parties had agreed unequivocally that there could and should be adjudication. Accordingly, the court declared that the dispute could be referred to adjudication.

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