RMP Construction Services Ltd v Chalcroft Ltd

RMP Construction Services Ltd v Chalcroft Ltd

The adjudicator had jurisdiction under the Scheme for Construction Contracts regardless of which contractual route was correct, and any substantive errors in contract identification or outcome do not bar enforcement of the adjudicator's decision.

Parties
Claimant: RMP Construction Services Limited; Defendant: Chalcroft Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2015
Procedural Posture
Commercial Construction Dispute / Summary Judgment Application to Enforce Adjudicator's Award
Outcome
Summary judgment granted in favour of the claimant; adjudicator's award enforced.
Legal Topics
Adjudication Enforcement, Contract Formation, Jurisdiction, Payment Notices, Summary Judgment
Construction Law Contract Law Adjudication Enforcement Contract Formation Jurisdiction Payment Notices Summary Judgment

Case Brief

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Parties

RMP Construction Services Limited

Claimant

Chalcroft Limited

Defendant

Procedural Posture

Commercial Construction Dispute / Summary Judgment Application to Enforce Adjudicator's Award

Legal Issues

  1. 1 Whether the adjudicator's decision should be enforced despite possible errors in contract identification and substantive outcome
  2. 2 Whether the adjudicator had jurisdiction under the Scheme for Construction Contracts
  3. 3 Whether the correct contractual route affects the substantive outcome

Ratio Decidendi

The adjudicator had jurisdiction under the Scheme for Construction Contracts regardless of which contractual route was correct, and any substantive errors in contract identification or outcome do not bar enforcement of the adjudicator's decision.

Court Disposition

Summary judgment granted in favour of the claimant; adjudicator's award enforced.

Orders

  • RMP is entitled to enforce the award and summary judgment in the sum of £318,529.30 (including the Adjudicator’s fee and VAT), plus interest of £7,231.15 as of the date of judgment and continuing at the daily rate of £60.26 until further order.