ADJUDICATION, TIME LIMITS AND EXTENSIONS OF TIME

A. C. Yule & Son Ltd v Speedwell Roofing and Cladding Ltd [2007] EWHC 1360 (TCC), 31 May 2007

In A.C.Yule & Son Ltd v Speedwell Roofing and Cladding Ltd [2007] EWHC 1360 (TCC), 31 May 2007, Judge Peter Coulson QC affirmed in clear terms that the timetable laid down for adjudicators in the Housing Grants, Construction and Regeneration Act 1996 is mandatory and that a failure to comply with it will result in the invalidity of any decision reached outside of that timetable. In particular, he rejected the submission that the courts should adopt a more flexible approach when deciding whether a failure to comply with the timetable should result in the invalidity of the decision. But he also held that parties to an adjudication are under an obligation to respond plainly and promptly to a request by an adjudicator for an extension of time. A party who fails to respond to such a request may be held thereby to have agreed to the extension of time. A party to an adjudication who does not wish to accede to a request by the adjudicator for an extension of time should oppose the request immediately; a failure to do so is likely to lead a court to conclude that it has agreed to the extension of time.