Britcon carried out infrastructure works for Lincolnshire as main contractor. Britcon referred a dispute to adjudication which dealt with the entitlement to payment based on an interim valuation certificate. Lincolnfields contested the decision by which Britcon was awarded a sum of £260,000.

Lincolnfields contended the decision was unenforceable due to an excess of jurisdiction and a failure to consider and give effect to material that they had submitted to the adjudicator. Lincolnfields alleged that the adjudicator failed to decide upon an agreement the parties had reached as to the payment provisions of the contract.

HHJ Thornton did not follow Lincolnfields’ allegations but found that the adjudicator had reached clear conclusions on the subject. He said it was not for him to decide whether the adjudicator was right as a matter of law. The only crucial factor was that the adjudicator dealt “fairly and squarely” with the issues referred to him. HHJ Thornton held, therefore, that the decision reached was within jurisdiction and complied with the provisions of Part 17 of the Scheme for Construction Contracts.