RMP Construction Services Ltd v Chalcroft Ltd [2015] EWHC 3737 (TCC) (21 December 2015)

RMP Construction Services Ltd v Chalcroft Ltd [2015] EWHC 3737 (TCC) (21 December 2015)

The adjudicator had jurisdiction under the Scheme for Construction Contracts regardless of which contractual route applied, and any substantive errors in contractual interpretation do not bar enforcement of the adjudicator's decision.

Source-derived case information.

Citation
[2015] EWHC 3737 (TCC)
Parties
Claimant: RMP Construction Services Limited; Defendant: Chalcroft Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2015
Procedural Posture
Summary Judgment Application to Enforce Adjudicator's Award / High Court, Technology and Construction Court, Post Adjudication Enforcement
Outcome
Summary judgment granted in favour of RMP Construction Services Limited enforcing the adjudicator's award.
Legal Topics
Adjudication Enforcement, Contract Formation, Jurisdiction, Payment Notices, Summary Judgment
Construction Law Contract Law Adjudication Enforcement Contract Formation Jurisdiction Payment Notices Summary Judgment

Source-derived case record

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Parties

RMP Construction Services Limited

Claimant

Chalcroft Limited

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the adjudicator's decision should be enforced despite possible misidentification of the contractual route
  2. 2 Whether the adjudicator had jurisdiction under the Scheme for Construction Contracts
  3. 3 Whether substantive differences in contractual interpretation affect enforcement

Ratio Decidendi

The adjudicator had jurisdiction under the Scheme for Construction Contracts regardless of which contractual route applied, and any substantive errors in contractual interpretation do not bar enforcement of the adjudicator's decision.

Court Disposition

Summary judgment granted in favour of RMP Construction Services Limited enforcing the adjudicator's award.

Orders

  • RMP is entitled to enforce the adjudicator's award.
  • Summary judgment in the sum of £318,529.30 (including Adjudicator's fee and VAT) plus interest of £7,231.15 as of the date of judgment.