Ad Hoc Adjudication

Clark Electrical Ltd v JMD Developments (UK) Ltd [2012] EWHC 2627 (TCC) This case looked at whether a party can accept the adjudicator's jurisdiction by paying the adjudicator's fee up front. Clark had been engaged by JMD to carry out electrical works on a new distillery. A dispute arose and Clark issued a notice of adjudication. The adjudicator's terms required the parties to pay a proportion of his fees on account. JMD were not familiar with adjudication, but paid their share in any event. JMD's advisors then wrote to the adjudicator asserting that the works were not covered by the Construction Act and could not therefore be referred to adjudication. The adjudicator agreed that the works were not covered by the Act, but decided that there was an ad...