Carillion Construction Ltd v Devonport Royal Dockyard

Carillion Construction Ltd v Devonport Royal Dockyard

The adjudicator acted within jurisdiction in assessing target cost, did not breach natural justice or fail to consider relevant arguments, gave adequate reasons for his decision on defects, and had jurisdiction to award interest under the Scheme. None of DML's challenges justified refusing enforcement. The adjudicator's decision is enforceable in full.

Parties
Claimant (part 7)/defendant (part 8): Carillion Construction Limited; Defendant (part 7)/claimant (part 8): Devonport Royal Dockyard Limited
Jurisdiction
England and Wales
Judgment Date
26 April 2005
Procedural Posture
Civil (construction/commercial) / Judgment After Trial of Consolidated Enforcement and Declaratory Proceedings
Outcome
Judgment for Carillion; adjudicator's decision enforced in full.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Natural Justice in Adjudication, Interest Awards, Defects and Set Off, Summary Judgment
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Natural Justice in Adjudication Interest Awards Defects and Set Off +1 more

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Parties

Carillion Construction Limited

Claimant (part 7)/defendant (part 8)

Devonport Royal Dockyard Limited

Defendant (part 7)/claimant (part 8)

Procedural Posture

Civil (construction/commercial) / Judgment After Trial of Consolidated Enforcement and Declaratory Proceedings

Legal Issues

  1. 1 Whether the adjudicator's decision on target cost was outside jurisdiction and unenforceable
  2. 2 Whether the adjudicator's decision was reached in breach of natural justice
  3. 3 Whether the adjudicator's decision on defects was invalid for lack of reasons or breach of natural justice

Ratio Decidendi

The adjudicator acted within jurisdiction in assessing target cost, did not breach natural justice or fail to consider relevant arguments, gave adequate reasons for his decision on defects, and had jurisdiction to award interest under the Scheme. None of DML's challenges justified refusing enforcement. The adjudicator's decision is enforceable in full.

Court Disposition

Judgment for Carillion; adjudicator's decision enforced in full.

Orders

  • DML to pay Carillion the sums awarded by the adjudicator, including principal, fee, bonus, and interest, within seven days.
  • Counsel to assist in formulating the final order.