SUDLOWS LTD v GLOBAL SWITCH ESTATES 1 LTD

[2022] EWHC 3319 (TCC), Technology and Construction Court, Waksman J, 21 December 2022

Adjudication – Whether adjudicator bound by findings in previous adjudication – Whether “alternative findings” of adjudicator enforceable

The present case concerned the fifth and sixth of a series of adjudications which had taken place between the claimant, Sudlows Ltd, and the defendant, Global Switch Estates 1 Ltd, arising out of a contract for the fit out of a data hall and related works. The fifth adjudication between the parties was concerned with the claimant’s claim for an extension of time in respect of delays to the project up to 18 January 2021. The adjudicator decided that the claimant was entitled to an extension of time of 482 days through to 8 December 2020.