Benfield Construction Limited v Trudson (Hatton) Limited [electronic resource]
Benfield Construction Limited v Trudson (Hatton) Limited [electronic resource]
- 2008
[2008] EWHC 2333 (TCC), 17 September 2008. Considers whether an adjudicator had the right to decide on a dispute already settled by two previous adjudications and on the same substantial matters. Trudson (Hatton) Limited (T) had contracted Benfield Construction Limited (B) to carry out design and construction works. The work was delayed. A handover document was signed between the two parties attesting completion of works on 17 August 2007, but subject to a list of defects to be corrected. A few weeks after, T decided that it could not certify completion of works because of a specific defect. B contested, arguing that, as this problem was not on the list of defects, practical completion of works was on 17 August 2007. Two adjudications were submitted. In the first one, the adjudicator decided that works were not completed on 17 August 2007. The second one entitled T to liquidated damages. On the third adjudication, B sought to have completion of works on 17 August 2007 confirmed. "Held": Permitting a party to raise one legal matter at a time, leading to "serial adjudications" until this party would be satisfied, is allowing an abuse of process. The third adjudicator had no jurisdiction and the award in favour of T is enforced.
BENFIELD CONSTRUCTION LIMITED V TRUDSON (HATTON) LIMITED
HG CONSTRUCTION LTD V ASHWELL HOMES (EAST ANGLIA) LTD
QUIETFIELD LIMITED V VASCROFT CONTRACTORS LIMITED
K N S INDUSTRIAL SERVICES (BIRMINGHAM) LTD V SINDALL LTD
CONSTRUCTION GROUP CENTRE LIMITED V THE HIGHLAND COUNCIL
England and Wales--1543-
[2008] EWHC 2333 (TCC), 17 September 2008. Considers whether an adjudicator had the right to decide on a dispute already settled by two previous adjudications and on the same substantial matters. Trudson (Hatton) Limited (T) had contracted Benfield Construction Limited (B) to carry out design and construction works. The work was delayed. A handover document was signed between the two parties attesting completion of works on 17 August 2007, but subject to a list of defects to be corrected. A few weeks after, T decided that it could not certify completion of works because of a specific defect. B contested, arguing that, as this problem was not on the list of defects, practical completion of works was on 17 August 2007. Two adjudications were submitted. In the first one, the adjudicator decided that works were not completed on 17 August 2007. The second one entitled T to liquidated damages. On the third adjudication, B sought to have completion of works on 17 August 2007 confirmed. "Held": Permitting a party to raise one legal matter at a time, leading to "serial adjudications" until this party would be satisfied, is allowing an abuse of process. The third adjudicator had no jurisdiction and the award in favour of T is enforced.
BENFIELD CONSTRUCTION LIMITED V TRUDSON (HATTON) LIMITED
HG CONSTRUCTION LTD V ASHWELL HOMES (EAST ANGLIA) LTD
QUIETFIELD LIMITED V VASCROFT CONTRACTORS LIMITED
K N S INDUSTRIAL SERVICES (BIRMINGHAM) LTD V SINDALL LTD
CONSTRUCTION GROUP CENTRE LIMITED V THE HIGHLAND COUNCIL
England and Wales--1543-