Hyder Consulting (UK) Ltd v Carillion Construction Ltd [2011] EWHC 1810 (TCC) (13 July 2011)

Hyder Consulting (UK) Ltd v Carillion Construction Ltd [2011] EWHC 1810 (TCC) (13 July 2011)

Carillion failed to demonstrate that the adjudicator's methodology or failure to seek further submissions amounted to a breach of natural justice affecting the outcome. The adjudicator used figures provided by the parties, and the Target Cost calculation was not binding as it did not affect the award. Summary judgment for Hyder is granted.

Citation
[2011] EWHC 1810 (TCC)
Parties
Claimant: Hyder Consulting (UK) Limited; Defendant: Carillion Construction Limited
Jurisdiction
England and Wales
Judgment Date
13 July 2011
Procedural Posture
Application for Summary Judgment / Post Adjudication Enforcement
Outcome
Summary judgment for claimant
Legal Topics
Adjudication Enforcement, Natural Justice, Pain/gain Share Mechanism, Target Cost Calculation
Construction Law Contract Law Adjudication Enforcement Natural Justice Pain/gain Share Mechanism Target Cost Calculation

Case Brief

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Parties

Hyder Consulting (UK) Limited

Claimant

Carillion Construction Limited

Defendant

Procedural Posture

Application for Summary Judgment / Post Adjudication Enforcement

Legal Issues

  1. 1 Whether the adjudicator breached rules of natural justice by failing to notify parties of his methodology and figures for Target Cost calculation
  2. 2 Whether the adjudicator's decision should be enforced despite alleged procedural breach

Ratio Decidendi

Carillion failed to demonstrate that the adjudicator's methodology or failure to seek further submissions amounted to a breach of natural justice affecting the outcome. The adjudicator used figures provided by the parties, and the Target Cost calculation was not binding as it did not affect the award. Summary judgment for Hyder is granted.

Court Disposition

Summary judgment for claimant

Orders

  • Carillion to pay Hyder £3,104,399.74 plus interest and 50% of adjudicator's fees
  • Court will hear parties on costs if not agreed