JOHN GRAHAM CONSTRUCTION LTD V TÉCNICAS REUNIDAS UK LTD

[2022] EWHC 155 (TCC), Technology and Construction Court, Morris J, 27 January 2022

Enforcement of decision of adjudicator – Whether adjudicator in subsequent adjudication had undermined or overridden the outcome of a previous adjudication

The claimant brought an action in order to enforce the decision of an adjudicator. The defendant had paid part of the money which it had been ordered to pay but it maintained that it was entitled to deduct from the sum payable the amount of a contra charge referable to the cost incurred in employing other sub-contractors to carry out works which the claimant had declined to carry out. The defendant maintained that this sum was a severable and distinct part of the adjudication and that the adjudicator had exceeded his jurisdiction in deciding that this sum was payable by the claimant to the defendant.