I have the RICS adjudicator appointed .....BUT

[bb41]

the adjudicator and I have just received an email from the builders solicitor stating " as the JCT contract was only signed by me then it is null and void and can only be resolved in court "

I thought that as the adjudicator had been appointed and all the deadlines have been set out by him to all parties the JCT contract will stand.

As the contract was written out with all their public liabilities info (something I would have no Knowledge of) then I would have thought it was a contract none the less.

They want the court hearing and will not even attempt to settle before court which is really odd.

Could someone clarify for me please.

[R0b]

Re: I have the RICS adjudicator appointed .....BUT

Difficult to say without seeing the JCT agreement, however under normal circumstances, an agreement does not require signing to become legally binding as it can occur through course of dealings. If there was an intention to create a legal agreement through conduct then that would be satisfactory to show an agreement of sorts, especially where work has been quoted and carried out.

However, the solicitor could be right if there was something in the agreement to say that it does not become legally binding unless signed by both parties. This will usually be nearer the end of the agreement and sometimes under the "Counterparts" clause if there is one. If there is nothing in the agreement to this effect then you could argue that there was an intention to become binding based on the terms and through the conduct of both parties.

If there is wording which says that it is only binding if signed by both parties then I guess you cannot use the adjudicator without consent of both parties. You will then have to rely on the statutory provisions and that will of course require legal proceedings.

The solicitor may be calling your bluff assuming you haven't read the agreement or they could actually be right.

[bb41]

Re: I have the RICS adjudicator appointed .....BUT

Difficult to say without seeing the JCT agreement, however under normal circumstances, an agreement does not require signing to become legally binding as it can occur through course of dealings. If there was an intention to create a legal agreement through conduct then that would be satisfactory to show an agreement of sorts, especially where work has been quoted and carried out.

However, the solicitor could be right if there was something in the agreement to say that it does not become legally binding unless signed by both parties. This will usually be nearer the end of the agreement and sometimes under the "Counterparts" clause if there is one. If there is nothing in the agreement to this effect then you could argue that there was an intention to become binding based on the terms and through the conduct of both parties.

If there is wording which says that it is only binding if signed by both parties then I guess you cannot use the adjudicator without consent of both parties. You will then have to rely on the statutory provisions and that will of course require legal proceedings.

The solicitor may be calling your bluff assuming you haven't read the agreement or they could actually be right.

Hi and thank you for your response, there is nothing on there that both parties have to sign, the adjudicator will reply today and I will let you know the result

[bb41]

Re: I have the RICS adjudicator appointed .....BUT

Update...just had notification from the adjudicator that the builders are bound by the contract !!!

[Ripped-Off]

Re: I have the RICS adjudicator appointed .....BUT

Told you so!!!

Keep me informed. This is better than Coronation Street!

[bb41]

Re: I have the RICS adjudicator appointed .....BUT

Told you so!!!

Keep me informed. This is better than Coronation Street!

will do ripped off although their solicitor has stated he won't accept it and wants court.......

I don't think they are going to submit anything , adjudicator wants it their evidence by next week .

[Ripped-Off]

Re: I have the RICS adjudicator appointed .....BUT

Let him have Court he if wants.

No matter what happens at least you will have the satisfaction of knowing that the no-win no fee scenario is not suited to Adjudication. That means the builder will end up with a legal bill for the work done by his solicitor for the adjudication, and since construction adjudication is a specialist field, the solicitor will be well out of his comfort zone.

Be mindful though that both or one of you will have to pay the adjudicator's costs. Hopefully, you will win and they will get the bill!

[bb41]

Re: I have the RICS adjudicator appointed .....BUT

Thanks Ripped off your advice has seen me through this far, without your link I wouldn't be this far just drowning in a court process which I have no idea what I'm doing.

Adjudicator isn't too bad at worst I think 1500.00 but with what I have spent so far it's a spit so have to keep going

[Ripped-Off]

Re: I have the RICS adjudicator appointed .....BUT

Thought you might like to read this.

A case of a referral to adjudication and a subsequent enforcement hearing....

[bb41]

Re: I have the RICS adjudicator appointed .....BUT

Thanks ripped off, the builders wanted a 1 day extension until yesterday. After receiving from their solicitor the amount of lies and bullet points of more lies I was furious.

Photos taken long after the builders had left and after we had laid grass and put up fences and painted the mess just to make it look a bit better , also all pics were taken from the road and also showed how they sat outside stalking me as my paint pot can be seen in the photos.

Strange they sent 2 pics that were mine showing very unfavourable evidence on my behalf...I think they were sent in error.

The adjudicator makes his decision on Friday......however as I couldn't divulge a while back ( as I think this thread maybe being followed) I have engaged a specialist construction litigation solicitors who will have now written to all parties and are happy to take this case on along with all concerned.

I think they thought I would go to court un represented but I'm not that daft !!

[bb41]

Re: I have the RICS adjudicator appointed .....BUT

Decision came in this morning and............. he agreed with me. My offer to settle last year was the amount he agreed with but it included VAT and also they have to pay half the adjudicators fees as well. If they had accepted my offer last year then it was the amount plus costs so they would have been financially better off than they are now !!!!

I know it isn't over as they won't accept it but at least someone believed me

[Ripped-Off]

Re: I have the RICS adjudicator appointed .....BUT

That's excellent news!

How long has he given them to pay up?

You may have to take your decision to the Court and get it enforced if they do not pay.

Now might be a good time to speak to their solicitor and try to get the whole thing resolved before any further costs are incurred. You should tell them that you are going to amend your statement and submit the decision as evidence, but your solicitor should already have told you this.

Still, have a drink tonight and prepare for the week ahead. Unless the other side have very good solicitors, I doubt the judge will reach a different conclusion than the adjudicator.

Well done you!

[bb41]

Re: I have the RICS adjudicator appointed .....BUT

Thank you ripped off but without that link you sent me I would still be up the amazon without a loo roll!!!!

I have spoken to my solicitors and they want to look at the possibility of getting all my costs back as the decision was what I had agreed a year ago. I believe they will go to court as they already said they won't accept the adjudicators decision due to the contract not being signed

My solicitor also wants to have a look at the fact that the friend who was the building inspector signed it off without the necessary certificates in place especially as it never had the electrics signed off as they weren't completed

The building inspector just spoke to one of the builders and accepted the work had been done, also to check the footings he accepted a photograph rather than coming on site...... still hopefully they will accept it and we can all move on but somehow I doubt it

I believe the soap opera will continue, once again many thanks for your help.