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Scope of dispute in adjudication and breach of natural justice

Laura Lintott is Of Counsel at the law firm Watson Farley & Williams LLP In Manor Co-Living Ltd v RY Construction Ltd, Manor Co-Living Ltd (“MCL”), as

A question of scope

A party that wants to limit the scope of an adjudication must be wary of asking questions that accidentally widen the dispute Sometimes, just sometimes, the party that begins an adjudication insists that the scope or issues are limited to this or that or the other. That’s what happened when employer Global Smith Estates Ltd began an adjudication against Sudlows Ltd, its design and construct contractor for the new data centre fit-out in the old Financial Times building in London’s East India Dock Road. Sometimes, just sometimes, the responding party in an adjudication brings into the response this, that or the other issues, points or arguments that the referring party then says are not allowed. That’s what happened in this adjudication.

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