Rupert Choat was successful in an application by the Claimant Platform Interior Solutions Ltd (“Platform”) to enforce an adjudicator’s decision against the Defendant ISG Construction Ltd (“ISG”) of December 2019 in which the adjudicator decided that Platform was due payment from ISG in the amount of £417,541.33 plus VAT. In the original contract, dated January 2018, ISG engaged Platform to carry out works forming part of ISG’s redevelopment of Erskine House, Queen Street, Edinburgh, as a hotel.
Deputy High Court Judge Mr Roger ter Haar QC rejected the grounds of challenge that the adjudicator failed to exhaust her jurisdiction in respect of the dispute referred, breached natural justice in reaching her award on a method of valuation advanced by neither party and failed to give adequate and cogent reasons for her decision on valuation. In so doing, the Judge confirmed that in some cases the payment of an adjudicator’s fees may amount to an election to treat an adjudicator’s decision as valid, although this was not such a case.
A decision on the Part 8 proceedings challenging the Adjudicator’s decision is imminent.
Rupert Choat (instructed through the Licensed Access Scheme) for the Claimant.
To read the full judgment please click here: Platform Interior Solutions Ltd v ISG Construction Ltd [2020] EWHC 945 (TCC)
21 April 2020
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