Farrelly (M & E) Building Services Ltd v Byrne Brothers (Formwork) Ltd [2013] EWHC 1186 (TCC) (09 May 2013)

Farrelly (M & E) Building Services Ltd v Byrne Brothers (Formwork) Ltd [2013] EWHC 1186 (TCC) (09 May 2013)

The adjudicator did not breach natural justice as the assessment of compensation events and concurrent delay was within the scope of submissions and relevant contractual provisions; Byrne did not waive its challenge but failed to establish a material breach. FBS's financial position does not justify a stay as insolvency was not proven and position is not materially worse than at contract inception.

Citation
[2013] EWHC 1186 (TCC)
Parties
Claimant: Farrelly (M & E) Building Services Ltd; Defendant: Byrne Brothers (Formwork) Ltd
Jurisdiction
England and Wales
Judgment Date
09 May 2013
Procedural Posture
Summary Judgment Application to Enforce Adjudicator's Decision / High Court, Technology and Construction Court, Post Adjudication Enforcement
Outcome
Summary judgment granted for FBS; application for stay refused.
Legal Topics
Adjudication Enforcement, Natural Justice, Stay of Execution, Compensation Events, Concurrent Delay
Construction Law Contract Law Adjudication Enforcement Natural Justice Stay of Execution Compensation Events Concurrent Delay

Case Brief

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Parties

Farrelly (M & E) Building Services Ltd

Claimant

Byrne Brothers (Formwork) Ltd

Defendant

Procedural Posture

Summary Judgment Application to Enforce Adjudicator's Decision / High Court, Technology and Construction Court, Post Adjudication Enforcement

Legal Issues

  1. 1 Whether Byrne waived any natural justice challenge
  2. 2 Whether the adjudicator's assessment of direct costs breached natural justice
  3. 3 Whether the adjudicator's rejection of Byrne's concurrent delay case breached natural justice

Ratio Decidendi

The adjudicator did not breach natural justice as the assessment of compensation events and concurrent delay was within the scope of submissions and relevant contractual provisions; Byrne did not waive its challenge but failed to establish a material breach. FBS's financial position does not justify a stay as insolvency was not proven and position is not materially worse than at contract inception.

Court Disposition

Summary judgment granted for FBS; application for stay refused.

Orders

  • Byrne Brothers (Formwork) Ltd ordered to pay £561,194.92 plus interest to Farrelly (M & E) Building Services Ltd.
  • No stay of execution granted.