Allen Wilson Joinery Ltd v Privetgrange Construction Ltd [electronic resource]
Allen Wilson Joinery Ltd v Privetgrange Construction Ltd [electronic resource]
- 2008
[2008] EWCH 2802 (TCC), 17 November 2008. An application by a sub-contractor (W) for summary judgement to enforce an adjudicator's decision in proceedings against the respondent contractor (P) was refused. P claimed that building work done by W was not of an acceptable standard. P refused payment and W started adjudication proceedings. P challenged the adjudicator's findings. The case turned around triable issues concerning whether the contract between the parties had been made in writing pursuant to the Housing Grants, Construction and Regeneration Act 1996 S107, and therefore whether the adjudicator had the jurisdiction to make the initial award. Held: application refused. Contracts need not be in writing. Connex Eastern Ltd v MJ Building Services Group PLC applied, but it was not clear what the terms of the orally discussed contract were. However, even if there was a contract in writing the adjudicator did not have the jurisdiction to award interest. There was no contractual term permitting or allowing for the imposition of interest for late payment, and the parties had not agreed or accepted that the adjudicator should have jurisdiction. Carillion Construction Ltd v Devenport Royal Dockyard Ltd distinguished.
CARILLION CONSTRUCTION LTD V DEVONPORT ROYAL DOCKYARD LTD
CONNEX SOUTH EASTERN LTD V MJ BUILDING SERVICES GROUP PLC
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S107
ALLEN WILSON JOINERY LIMITED v PRIVETGRANGE CONSTRUCTION LIMITED
England and Wales--1543-
[2008] EWCH 2802 (TCC), 17 November 2008. An application by a sub-contractor (W) for summary judgement to enforce an adjudicator's decision in proceedings against the respondent contractor (P) was refused. P claimed that building work done by W was not of an acceptable standard. P refused payment and W started adjudication proceedings. P challenged the adjudicator's findings. The case turned around triable issues concerning whether the contract between the parties had been made in writing pursuant to the Housing Grants, Construction and Regeneration Act 1996 S107, and therefore whether the adjudicator had the jurisdiction to make the initial award. Held: application refused. Contracts need not be in writing. Connex Eastern Ltd v MJ Building Services Group PLC applied, but it was not clear what the terms of the orally discussed contract were. However, even if there was a contract in writing the adjudicator did not have the jurisdiction to award interest. There was no contractual term permitting or allowing for the imposition of interest for late payment, and the parties had not agreed or accepted that the adjudicator should have jurisdiction. Carillion Construction Ltd v Devenport Royal Dockyard Ltd distinguished.
CARILLION CONSTRUCTION LTD V DEVONPORT ROYAL DOCKYARD LTD
CONNEX SOUTH EASTERN LTD V MJ BUILDING SERVICES GROUP PLC
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S107
ALLEN WILSON JOINERY LIMITED v PRIVETGRANGE CONSTRUCTION LIMITED
England and Wales--1543-