Brims Construction Ltd v A2M Development Ltd [2013] EWHC 3262 (TCC) (28 October 2013)

Brims Construction Ltd v A2M Development Ltd [2013] EWHC 3262 (TCC) (28 October 2013)

The adjudicator had jurisdiction because the dispute referred was broadly defined and included the alternative arguments advanced. Even if not, A2M waived its right to object by participating without reservation until late in the process, after Brims had relied on its unqualified participation. There was no material breach of natural justice as the adjudicator raised the relevant point, invited submissions, and A2M had the opportunity to provide evidence or request to do so.

Citation
[2013] EWHC 3262 (TCC)
Parties
Claimant: Brims Construction Limited; Defendant: A2M Development Limited
Jurisdiction
England and Wales
Judgment Date
28 October 2013
Procedural Posture
Enforcement of Adjudicator's Decision / Judgment After Hearing of Enforcement Proceedings
Outcome
Judgment for the Claimant; adjudicator's decision enforced.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Waiver of Jurisdictional Objections, Natural Justice in Adjudication, Interim Payment Provisions, Pay Less Notice Requirements
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Waiver of Jurisdictional Objections Natural Justice in Adjudication Interim Payment Provisions +1 more

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Parties

Brims Construction Limited

Claimant

A2M Development Limited

Defendant

Procedural Posture

Enforcement of Adjudicator's Decision / Judgment After Hearing of Enforcement Proceedings

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to decide the dispute referred to him
  2. 2 Whether A2M waived its right to challenge jurisdiction by its conduct
  3. 3 Whether there was a material breach of natural justice by the adjudicator

Ratio Decidendi

The adjudicator had jurisdiction because the dispute referred was broadly defined and included the alternative arguments advanced. Even if not, A2M waived its right to object by participating without reservation until late in the process, after Brims had relied on its unqualified participation. There was no material breach of natural justice as the adjudicator raised the relevant point, invited submissions, and A2M had the opportunity to provide evidence or request to do so.

Court Disposition

Judgment for the Claimant; adjudicator's decision enforced.

Orders

  • A2M to pay Brims £263,418.34 plus VAT as determined by the adjudicator.
  • A2M to pay Brims' costs of the proceedings, summarily assessed at £11,000.