Developer turns to High Court after two adjudication decisions

Property developers Ashwell Homes (East Anglia) is suing HG Construction following two adjudication decisions.

The companies called in adjudicators after disagreements. The first adjudicator, Chris Hough, ruled on 1 November that the contract’s provisions for damages were valid and enforceable.

The second adjudicator, John L Riches, ruled on 31 August that the damages provision in the contract was inoperable and void.

Now Ashwell Homes – part of Ashwell Property Group - has turned to the High Court for decisions over the two adjudications, and seeks a ruling that Mr Hough’s decision is valid and binding.

Ashwell Homes is also seeking a declaration that Mr Riches was bound by the earlier adjudicator when reading his decision, that he was not entitled to decide that the damages provision was void because it had already been decided it was not, and that he exceeded his jurisdiction, as the issue had already been decided.