Harding trading as M J Harding Contractors v Paice and another

Building contract – Adjudication. The proceedings concerned an application by the claimant building contractor for an injunction to restrain the defendant property developers from proceeding with a reference to adjudication. The claimant submitted that the adjudicator did not have jurisdiction to decide the dispute, because that dispute was the same or substantially the same as that which had already been decided in a previous adjudication. The Technology and Construction Court, in dismissing the application, held that, if the first dispute raised more than one issue or, as in the present case, raised issues that had been put in the alternative, a decision by an adjudicator in the first adjudication only on a party's primary case did not prevent a second adjudicator from determining the alternative case.

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