MW HIGH TECH PROJECTS UK LTD v BALFOUR BEATTY KILPATRICK LTD

[2020] EWHC 1413 (TCC), Technology and Construction Court, O’Farrell J, 5 June 2020

Adjudication – Contract – Whether dispute between parties had crystallised – Delay

The claimant sought a declaration that an adjudicator did not have jurisdiction to decide the dispute which had been referred to him because no dispute between the parties had crystallised at the time at which he purported to issue his decision. The defendant had referred to adjudication its claim for an extension of time. The defendant’s case was that it had complied with the terms of the contract in making its application for an extension of time and relied upon notifications which it had supplied to the claimant dating back to March 2018.