David McLean Contractors Ltd v The Albany Building Ltd [2005] EWHC B5 (TCC) (10 November 2005)

David McLean Contractors Ltd v The Albany Building Ltd [2005] EWHC B5 (TCC) (10 November 2005)

The adjudicator had jurisdiction to decide the dispute, the notices relied upon by the defendant were invalid, and no valid withholding notice was served; therefore, the claimant is entitled to summary judgment for the sums certified, including interest.

Citation
[2005] EWHC B5 (TCC)
Parties
Claimant: McLean; Defendant: Albany
Jurisdiction
England and Wales
Judgment Date
10 November 2005
Procedural Posture
Summary Judgment Application / Judgment
Outcome
summary judgment granted for claimant
Legal Topics
Adjudication, Liquidated Damages, Summary Judgment, Setoff, Jurisdiction, Natural Justice
Construction Law Contract Law Adjudication Liquidated Damages Summary Judgment Setoff Jurisdiction Natural Justice

Case Brief

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Parties

McLean

Claimant

Albany

Defendant

Procedural Posture

Summary Judgment Application / Judgment

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to decide the dispute
  2. 2 Whether the adjudicator's award can be set off by a cross-claim for liquidated damages
  3. 3 Whether notices under clause 24.1 were valid

Ratio Decidendi

The adjudicator had jurisdiction to decide the dispute, the notices relied upon by the defendant were invalid, and no valid withholding notice was served; therefore, the claimant is entitled to summary judgment for the sums certified, including interest.

Court Disposition

summary judgment granted for claimant

Orders

  • Judgment for claimant in the sum of £2,192,168.58 including interest
  • Payment to be made within 14 days