Cowlin Construction Ltd. v CFW Architects (a firm) [2002] EWHC 2914 (TCC) (15 November 2002)

Cowlin Construction Ltd. v CFW Architects (a firm) [2002] EWHC 2914 (TCC) (15 November 2002)

CFW, by serving a Counter Notice and participating in the adjudication, submitted to the adjudicator's jurisdiction and waived the right to object; a construction contract existed between the parties as all essential terms were agreed; a dispute had arisen by the relevant date; and the adjudicator had jurisdiction...

Source-derived case information.

Citation
[2002] EWHC 2914 (TCC)
Parties
Claimant: Cowlin Construction Limited; Defendant: CFW Architects (a firm)
Jurisdiction
England and Wales
Judgment Date
15 November 2002
Procedural Posture
Application for Summary Judgment / Judgment on Application for Summary Judgment
Outcome
Summary judgment granted for the claimant
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Existence of Construction Contract, Waiver of Jurisdictional Objections, VAT in Adjudication Awards
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Existence of Construction Contract Waiver of Jurisdictional Objections VAT in Adjudication Awards

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Parties

Cowlin Construction Limited

Claimant

CFW Architects (a firm)

Defendant

Procedural Posture

Application for Summary Judgment / Judgment on Application for Summary Judgment

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to decide the dispute between the parties
  2. 2 Whether there was a construction contract between the parties
  3. 3 Whether a dispute had arisen capable of being referred to adjudication

Ratio Decidendi

CFW, by serving a Counter Notice and participating in the adjudication, submitted to the adjudicator's jurisdiction and waived the right to object; a construction contract existed between the parties as all essential terms were agreed; a dispute had arisen by the relevant date; and the adjudicator had jurisdiction to award VAT as it was claimed in the notice to adjudicate.

Court Disposition

Summary judgment granted for the claimant

Orders

  • Judgment entered for Cowlin Construction Limited for £323,373.52 (including VAT)