I was peturbed to read Peter English’s article about a case that he said demonstrated that contractors need not always agree to give clients discounts (14 March, page 70).
I was not involved with either party, nor was I the adjudicator. However, the reporting of adjudications sets a dangerous and inappropriate precedent. It is of course an entirely confidential process – or should be. The article is explicit in breaching such confidentiality.
Moreover, it suggests the adjudicator’s decision will have set some sort of precedent, which of course will never be the case. To refer to it as a “landmark case” is misleading and inappropriate. Adjudicators are not bound by decisions in other adjudications, not least because they shouldn’t know about them!
Liam Holder, partner, EC Harris