Redwing Construction Ltd v Wishart

Redwing Construction Ltd v Wishart

The issue of adjustment of the Contract Fee rate was not referred to or decided in the first adjudication, and the first adjudicator had no jurisdiction to decide it. The second adjudicator had jurisdiction to determine the adjustment of the Contract Fee rate. The correction made by the second adjudicator was a permissible correction of a patent error under the slip rule and was made within a reasonable time.

Parties
Claimant: Redwing Construction Limited; Defendant: Charles Wishart
Jurisdiction
England and Wales
Judgment Date
22 December 2010
Procedural Posture
Adjudication Enforcement Claim / Judgment
Outcome
Judgment for the Claimant; Second Adjudicator’s decision enforced
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Slip Rule, Contract Fee Adjustment
Construction Law Contract Law Adjudication Enforcement Jurisdiction of Adjudicator Slip Rule Contract Fee Adjustment

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Parties

Redwing Construction Limited

Claimant

Charles Wishart

Defendant

Procedural Posture

Adjudication Enforcement Claim / Judgment

Legal Issues

  1. 1 Whether the dispute decided in the second adjudication had already been decided in the first adjudication
  2. 2 Whether the second adjudicator’s correction to his decision was a permissible correction of a clerical error

Ratio Decidendi

The issue of adjustment of the Contract Fee rate was not referred to or decided in the first adjudication, and the first adjudicator had no jurisdiction to decide it. The second adjudicator had jurisdiction to determine the adjustment of the Contract Fee rate. The correction made by the second adjudicator was a permissible correction of a patent error under the slip rule and was made within a reasonable time.

Court Disposition

Judgment for the Claimant; Second Adjudicator’s decision enforced

Orders

  • Judgment in favour of Redwing Construction Limited for the outstanding balance under the Second Adjudicator’s decision