ISG CONSTRUCTION LTD v ENGLISH ARCHITECTURAL GLAZING LTD

[2019] EWHC 3482 (TCC), Technology and Construction Court, HH Judge Stephen Davies sitting as a Judge of the High Court, 16 December 2019

Contract – Adjudication – Part 8 proceedings – Claimant seeking declarations as to construction of contract, that adjudicator lacked jurisdiction and, alternatively, as to the scope and ambit of the decision of the adjudicator

The parties entered into a contract for the design, supply and installation of cladding in connection with a building project in London. The claimant was the main contractor and the defendant the subcontractor. The contract provided for a start date on site of 20 March 2017 and a contractual completion date of 11 September 2017. It was common ground between the parties that the defendant was not in fact able to start on the site until 11 September 2017 and in these circumstances the claimant conceded that the defendant was entitled to an extension of time to 6 March 2018. The defendant complained that this not a sufficient extension of time, while the claimant was concerned about ongoing delays to the project.