Challenges to adjudication: keep it plain and simple

Tony bingham 2017 bw web

Any challenge to a purported right to adjudicate must be plain, specific and certain if it is to succeed in court

Scotland’s stunning new Queensferry Crossing, at 1.7 miles long, is the world’s longest three-tower cable-stayed bridge. The project cost all in (with new road network) was £1.3bn. There are accolades galore. But it was a failure for international elevator company Maspero Elevatori S.pa. Its subcontract was for the three lifts in those three towers, but the joint-venture design and build contractor Forth Crossing Bridge Constructors terminated the subcontract part way through the works. The JV, which included Hochtief and Galliford Try, said Maspero’s progress was not up to the mark, and out it went. Worse still, the JV told Maspero that none of its design, materials or works hitherto done could be used. The bill it then issued was the result of having another lift contractor effectively start afresh and redo Maspero’s works. The scene was set for a dispute. The adjudicator entered onto the stage.

 

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