Adjudicator validly appointed

Bellway Homes Ltd v Surgo Construction Ltd [2024] EWHC 269 (TCC)

In Bellway Homes Ltd v Surgo Construction Ltd [2024] EWHC 269 (TCC), His Honour Judge Stephen Davies, sitting as a Judge of the High Court, held that the claimant was entitled to summary judgment in order to enforce the decision of an adjudicator and rejected the defendant's submission that the time frame set out in the contract for the appointment of an adjudicator was not compliant with the statutory requirements. He also rejected the submission that the adjudicator had not been validly appointed. The fact that the adjudicator was a member of the claimant's panel of adjudicators was not enough of itself to create an appearance of bias in the circumstance where the panel of adjudicators were identified at the time of contracting, all panel members were well-respected and independent adjudicators who did not have links either to the claimant specifically or to employer or property developer organisations more generally and there was found to be no other characteristic that might dissuade a contractor such as the defendant from appointing them. It was also held that the defendant was not entitled to succeed with its Part 8 claim.