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Building contract – Adjudication. The Technology and Construction Court allowed an application to enforce an adjudicator's decision in circumstances where the dispute between the parties had crystallised by the time the notice of adjudication was issued and the adjudicator had not acted in breach of natural justice in having sought to obtain, and having obtained, further information from the claimant which had not been provided previously. It was wrong in principle to suggest that a dispute had not arisen until every last particular of every last element of the claim had been provided. Further, it was not unfair if an adjudicator was given information during the adjudication which had not previously been available (whether it had been previously requested or not).
Building contract – Adjudication. The Technology and Construction Court allowed an application to enforce an adjudicator's decision in circumstances where the dispute between the parties had crystallised by the time the notice of adjudication was issued and the adjudicator had not acted in breach of natural justice in having sought to obtain, and having obtained, further information from the claimant which had not been provided previously. It was wrong in principle to suggest that a dispute had not arisen until every last particular of every last element of the claim had been provided. Further, it was not unfair if an adjudicator was given information during the adjudication which had not previously been available (whether it had been previously requested or not).
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