O'Donnell Developments Ltd v Build Ability Ltd

O'Donnell Developments Ltd v Build Ability Ltd

The adjudicator’s correction to Decision 8A was within his jurisdiction under the implied slip rule, as it was an inadvertent error not reflecting his intention, and the court should not interfere with the adjudicator’s exercise of that jurisdiction. ODD is entitled to summary judgment for the corrected sum.

Parties
Claimant: O’Donnell Developments Limited; Defendant: Build Ability Limited
Jurisdiction
England and Wales
Judgment Date
18 December 2009
Procedural Posture
Civil (construction Contract Dispute) / Summary Judgment Application
Outcome
Summary judgment granted for ODD for £148,468.67; costs awarded to ODD.
Legal Topics
Adjudication Enforcement, Slip Rule, Summary Judgment, Costs, Jurisdiction of Adjudicator
Construction Law Contract Law Adjudication Enforcement Slip Rule Summary Judgment Costs Jurisdiction of Adjudicator

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Parties

O’Donnell Developments Limited

Claimant

Build Ability Limited

Defendant

Procedural Posture

Civil (construction Contract Dispute) / Summary Judgment Application

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to correct an error under the slip rule in Adjudication 8A
  2. 2 Whether the correction to the adjudicator’s decision was valid and enforceable
  3. 3 Appropriate order as to costs

Ratio Decidendi

The adjudicator’s correction to Decision 8A was within his jurisdiction under the implied slip rule, as it was an inadvertent error not reflecting his intention, and the court should not interfere with the adjudicator’s exercise of that jurisdiction. ODD is entitled to summary judgment for the corrected sum.

Court Disposition

Summary judgment granted for ODD for £148,468.67; costs awarded to ODD.

Orders

  • ODD is entitled to summary judgment for £148,468.67.
  • ODD is entitled to its costs of the summary judgment application on an indemnity basis up to 25 November 2009 and thereafter on a standard basis, if not agreed.