ABB Ltd v Bam Nuttall Ltd

ABB Ltd v Bam Nuttall Ltd

The adjudicator's reliance on Clause 11.1A, which was not raised or argued by either party and not put to the parties for comment, constituted a serious and material breach of the rules of natural justice. This breach was central to the adjudicator's decision on a key issue and could have affected the outcome. The decision is therefore unenforceable.

Parties
Claimant: ABB Limited; Defendant: Bam Nuttall Limited
Jurisdiction
England and Wales
Judgment Date
12 July 2013
Procedural Posture
Commercial Construction Dispute (adjudication Enforcement) / High Court Judgment on Enforcement and Declaration
Outcome
Declaration granted in favour of ABB; summary judgment for enforcement refused.
Legal Topics
Adjudication Enforcement, Natural Justice, Waiver, Contractual Interpretation
Construction Law Contract Law Civil Procedure Adjudication Enforcement Natural Justice Waiver Contractual Interpretation

Case Brief

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Parties

ABB Limited

Claimant

Bam Nuttall Limited

Defendant

Procedural Posture

Commercial Construction Dispute (adjudication Enforcement) / High Court Judgment on Enforcement and Declaration

Legal Issues

  1. 1 Whether the adjudicator's decision was unenforceable due to a material breach of natural justice
  2. 2 Whether the adjudicator improperly relied on a contractual clause not raised by the parties
  3. 3 Whether the parties reached a binding agreement on the scope of a lump sum payment for design work

Ratio Decidendi

The adjudicator's reliance on Clause 11.1A, which was not raised or argued by either party and not put to the parties for comment, constituted a serious and material breach of the rules of natural justice. This breach was central to the adjudicator's decision on a key issue and could have affected the outcome. The decision is therefore unenforceable.

Court Disposition

Declaration granted in favour of ABB; summary judgment for enforcement refused.

Orders

  • Declaration that the adjudicator's decision is unenforceable due to material breach of natural justice
  • Bam Nuttall's application for summary judgment dismissed