In the recent decision in CJP Builders Ltd. v William Verry Ltd., an adjudicator refused to extend the time for the service of a response, finding that he did not have the jurisdiction to do so. The adjudicator had, consequently, refused to take into account the response in his decision.

This was overturned by the Technology and Construction Court which ruled that the subcontract incorporated the unamended provisions of clause 38A of the DOM/2 subcontract. This permitted the adjudicator to set his own procedure, and this included the discretion to extend the time for the response, should he wish to do so. The adjudicator had indicated to the parties that he would have extended the time, had he had the jurisdiction.

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The adjudicator had unwittingly breached the rules of natural justice in failing to permit a party to have its arguments heard. His decision could not be enforced.

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