Laker Vent Engineering Ltd ("Laker") v Jacobs E&C Ltd ("Jacobs")

Laker Vent Engineering Ltd ("Laker") v Jacobs E&C Ltd ("Jacobs")

The Sub-Contract was a construction contract governed by English law, and the England & Wales Scheme applied. The adjudicator's decisions were not inconsistent or unenforceable, and Jacobs' general reservation of rights preserved its jurisdictional objections. However, Jacobs' challenges failed on the merits. Laker was entitled to summary judgment for the sums awarded. The arbitration agreement was not inoperative at the time, so the application to stay the Part 8 claim was adjourned.

Parties
Claimant/defendant: Laker Vent Engineering Limited; Defendant/claimant: Jacobs E&C Limited
Jurisdiction
England and Wales
Judgment Date
08 April 2014
Procedural Posture
Commercial Construction Dispute (adjudication Enforcement and Declaratory Relief) / High Court Judgment on Summary Judgment Application and Stay to Arbitration
Outcome
Summary judgment granted to Laker; application to stay Part 8 claim adjourned.
Legal Topics
Adjudication Enforcement, Jurisdictional Challenges, Interpretation of Construction Contracts, Arbitration Agreements, Summary Judgment, Stay of Proceedings
Construction Law Contract Law Arbitration Law Adjudication Enforcement Jurisdictional Challenges Interpretation of Construction Contracts Arbitration Agreements Summary Judgment +1 more

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Parties

Laker Vent Engineering Limited

Claimant/defendant

Jacobs E&C Limited

Defendant/claimant

Procedural Posture

Commercial Construction Dispute (adjudication Enforcement and Declaratory Relief) / High Court Judgment on Summary Judgment Application and Stay to Arbitration

Legal Issues

  1. 1 Whether the Sub-Contract was a 'construction contract' under the Housing Grants, Construction and Regeneration Act 1996
  2. 2 Whether the Adjudicator's decisions were inconsistent and unenforceable
  3. 3 Whether the correct adjudication scheme applied (England & Wales or Scotland)

Ratio Decidendi

The Sub-Contract was a construction contract governed by English law, and the England & Wales Scheme applied. The adjudicator's decisions were not inconsistent or unenforceable, and Jacobs' general reservation of rights preserved its jurisdictional objections. However, Jacobs' challenges failed on the merits. Laker was entitled to summary judgment for the sums awarded. The arbitration agreement was not inoperative at the time, so the application to stay the Part 8 claim was adjourned.

Court Disposition

Summary judgment granted to Laker; application to stay Part 8 claim adjourned.

Orders

  • Laker awarded summary judgment for sums claimed under adjudicator's decisions.
  • Application to stay Part 8 proceedings to arbitration adjourned, with liberty to apply.