Palmac Contracting Limited v Park Lane Estates Limited
Palmac Contracting Limited v Park Lane Estates Limited
- 2005
[2005] EWHC 919 (TCC), 22 march 2005. Palmac Contracting Limited (P) applied for summary judgment to enforce the decision of an adjudicator dated 16 January 2005 against defendant, Park Lane Estates Limited (PA) about a payment which was owed. The parties had contracted on the JCT Standard Form of Building Contract with Contractor's Design (1998 edition) which provided for P to carry out building work at a property owned by PA. PA resisted enforcement of the payment on three grounds including the claim that there was no dispute at the time of the reference to adjudication and as such the adjudicator had no jurisdiction to make a decision. The judge ruled in favour of P in deciding that the original adjudicator's decision should be enforced as he was permitted under clause 39A5.5 of the contract to take the initiative in ascertaining the facts and the law.
[2005] EWHC 919 (TCC), 22 march 2005. Palmac Contracting Limited (P) applied for summary judgment to enforce the decision of an adjudicator dated 16 January 2005 against defendant, Park Lane Estates Limited (PA) about a payment which was owed. The parties had contracted on the JCT Standard Form of Building Contract with Contractor's Design (1998 edition) which provided for P to carry out building work at a property owned by PA. PA resisted enforcement of the payment on three grounds including the claim that there was no dispute at the time of the reference to adjudication and as such the adjudicator had no jurisdiction to make a decision. The judge ruled in favour of P in deciding that the original adjudicator's decision should be enforced as he was permitted under clause 39A5.5 of the contract to take the initiative in ascertaining the facts and the law.