A C Yule & Son Ltd v Speedwell Roofing & Cladding Ltd [2007] EWHC 1360 (TCC)

A C Yule & Son Ltd v Speedwell Roofing & Cladding Ltd [2007] EWHC 1360 (TCC)

The adjudicator asked for an extra two days to make his decision. Speedwell Roofing & Cladding Ltd neither consented to nor refused the request. After the decision had been made and published Speedwell Roofing & Cladding Ltd objected on the basis that the decision had been reach out of time (note it was made within the extra two days requested by the adjudicator. It should also be noted that the two day extension was requested by the adjudicator as a result of Speedwell Roofing and Cladding Ltd seeking a similar additional two days itself to respond to responses to queries issued by AC Yale  with the adjudicator granted providing the parties granted him a two day extension to his decision period).

The court decided that in such cases it was up to the parties to respond to the adjudicator’s request with reasonable speed. Speedwell Roofing and Cladding Ltd had acted as if they were consenting to the extra time requested by the adjudicator and were therefore deemed to have done so. The adjudicator’s decision was enforced and the objection was rejected.

A C Yule & Son Ltd v Speedwell Roofing & Cladding Ltd [2007] EWHC 1360 (TCC)