The formal decision of the adjudicator was that M&E contractor LJJ Ltd pay main contractor McLaughlin & Harvey Ltd £808,000 within seven days. It was for a failure by LJJ Ltd to meet a key date obligation. Theirs was a £17m subcontract on a prestigious £56m office refurb at Paternoster Square, adjacent to St Paul’s Cathedral. “Whoa!” said LJJ. Since the interim account sum due already included a £954,000 deduction by McLaughlin & Harvey on account of this alleged key date failure, LJJ politely pointed out to the adjudicator that his decision gave double recovery.

It was an obvious slip, said LJJ, so please issue an amended decision. The JCT subcontract had the familiar rule: “The adjudicator may on his own initiative or on the application of a party correct his decision so as to remove a clerical error or typographical error arising by accident or omission.” A slip or slip-up is ordinary. It happens when the adjudicator at breakneck speed types figures the wrong way round, adds up or deducts wrongly, types the wrong party’s name. All easily spotted and easily put right. But there is more to it than that.

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