HT-2024-000444 - [2025] EWHC 1122 (TCC)

The parties entered into an agreement on the JCT Design and Build Sub-Contract 2011 form (as amended) dated 9 July 2018, for works at a development at "Unity Street, Bristol" ("the Contract").

Under the Contract, the Claimant was engaged as the Defendant's contractor to carry out "The design and construction of the Shell and Core, Fit Out and External Works of a new build student residential, private residential and affordable housing development" ("the Works").

The Contract value of the Works was £24,087,347.50 plus VAT.

Clause 9.2 of the Contract provides:

“If a dispute or difference arises under this Contract with either Party wishes to refer to adjudication, such Party may elect to adopt clause 9.2A. In the absence of such election, the Scheme shall apply, subject to the following:

.1 for the purposes of the Scheme the Adjudicator shall be the person (if any) and the nominating body shall be that stated in the Contract Particulars [the Contract Particulars confirm the nominating body is "The Royal Institution of Chartered Surveyors"];

.2 where the dispute or difference is or includes a dispute or difference relating to clause 3.13.3 and as to whether an instruction issued thereunder is reasonable in all the circumstances:

.1 the Adjudicator to decide such dispute or difference shall (where practicable) be an individual with appropriate expertise and experience in the specialist area or discipline relevant to the instruction or issue in dispute;

.2 if the Adjudicator does not have the appropriate expertise and experience, the Adjudicator shall appoint an independent expert with such expertise and experience to advise and report in writing on whether or not the Instruction under clause 3.13.3 is reasonable in all the circumstances.”

The "Scheme" is defined in the Contract as "Part 1 of the Schedule to The Scheme for Construction Contracts (England and Wales) Regulations 1998" ("the Scheme"). Clause 9.2A of the Contract provided:

“In the event that the referring party so elects pursuant to clause 9.2, the TeCSA Adjudication Rules (version 3.2) shall apply to such dispute or difference.”