Adjudication: whether adjudicator failed to comply with timetable

In AC Yule v Speedwell Roofing [2007] EWHC 1360 (TCC), His Honour Judge Peter Coulson QC dismissed a challenge to an adjudicator's jurisdiction on the basis that his decision was given late. On the facts it was found that the challenging party had either agreed to an extension of time by their silence or conduct or were estopped by their silence or conduct from contending that the decision was not valid.

The case does not remove the uncertainty over whether a failure by an adjudicator to comply with the required timescales in the Housing Grants, Construction and Regeneration Act 1996 will vitiate his decision but it does give guidance on how parties should behave in adjudications.