The Claimant had commenced adjudication proceedings against the Defendant on 20 February 2007 in accordance with the Scheme for Construction Contracts provided by the Housing Grants, Construction and Regeneration Act 1996. The adjudicator’s decision was therefore due before 20 March 2007. The adjudicator sought an extension of time, and Yule, as the claiming party granted him a 14 day extension, thus extending the adjudicator’s time for completion of his decision to 3 April 2007.

The Defendant requested further time to respond to material provided by the Claimant. The adjudicator agreed that the Defendant could have further time, but he also requested two more days to issue his decision, being 5 April 2007. The Defendant made no express response to that request at all. Further delay was caused by the failure of the Defendant to produce documentation as quickly as it had promised.

The Adjudicator provided his decision on 4 April 2007. In it, he decided that the Claimant was entitled to £191,661.42 plus interest together with his fees. The Defendant did not pay any part of the sums awarded and contended that, because the decision was provided after the agreed extended period, it was a nullity. Following the Defendant’s failure to pay the sums awarded, the Claimant commenced these proceedings and issued a CPR Part 24 Application.

Judge Coulson was faced with two issues. First, did the adjudicator’s failure to reach his decision within the time limits imposed by the Act render the subsequent decision a nullity? Secondly, did the Defendant’s failure to respond to a request for an extension of time amount to an agreement to the requested extension?