Brims Construction Ltd v A2M Development Ltd

Brims Construction Ltd v A2M Development Ltd

The adjudicator had jurisdiction as the dispute referred encompassed the issues decided, including alternative arguments on the due date and entitlement. A2M waived any jurisdictional objection 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 all relevant points and invited submissions, and A2M could have requested to adduce further evidence but did not.

Parties
Claimant: Brims Construction Limited; Defendant: A2M Development Limited
Jurisdiction
England and Wales
Judgment Date
28 October 2013
Procedural Posture
Construction Contract Enforcement / Judgment on Enforcement of Adjudicator's Decision
Outcome
Judgment for the Claimant; adjudicator's decision enforced
Legal Topics
Adjudication Enforcement, Jurisdictional Challenge, Waiver, Natural Justice, Payment Disputes, Interim Applications
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdictional Challenge Waiver Natural Justice Payment Disputes +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Brims Construction Limited

Claimant

A2M Development Limited

Defendant

Procedural Posture

Construction Contract Enforcement / Judgment on Enforcement of Adjudicator's Decision

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to decide the dispute referred
  2. 2 Whether there was a waiver of jurisdictional objections by the defendant
  3. 3 Whether there was a material breach of the rules of natural justice

Ratio Decidendi

The adjudicator had jurisdiction as the dispute referred encompassed the issues decided, including alternative arguments on the due date and entitlement. A2M waived any jurisdictional objection 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 all relevant points and invited submissions, and A2M could have requested to adduce further evidence but did not.

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
  • Defendant's application for permission to appeal refused