Bovis Lend Lease Ltd v Cofely Engineering Services [2009] EWHC 1120 (TCC) (07 May 2009)

Bovis Lend Lease Ltd v Cofely Engineering Services [2009] EWHC 1120 (TCC) (07 May 2009)

The Appendix to the Subcontract, specifically Part 8, prevails and identifies the RICS as the nominating body for adjudication, making Mr. Bingham's appointment valid and excluding Mr. Smith's nominee from jurisdiction.

Citation
[2009] EWHC 1120 (TCC)
Parties
Claimant: Bovis Lend Lease Limited; Defendant: Cofely Engineering Services
Jurisdiction
England and Wales
Judgment Date
07 May 2009
Procedural Posture
Part 8 Claim / Judgment
Outcome
Claim dismissed
Legal Topics
Adjudication, Jurisdiction, Contract Interpretation, Estoppel
Construction Law Contract Law Adjudication Jurisdiction Contract Interpretation Estoppel

Case Brief

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Parties

Bovis Lend Lease Limited

Claimant

Cofely Engineering Services

Defendant

Procedural Posture

Part 8 Claim / Judgment

Legal Issues

  1. 1 Proper construction of the subcontract regarding adjudicator nomination
  2. 2 Applicability of the Scheme for Construction Contracts
  3. 3 Estoppel from challenging adjudicator's jurisdiction

Ratio Decidendi

The Appendix to the Subcontract, specifically Part 8, prevails and identifies the RICS as the nominating body for adjudication, making Mr. Bingham's appointment valid and excluding Mr. Smith's nominee from jurisdiction.

Court Disposition

Claim dismissed

Orders

  • Claimant's Part 8 claim is dismissed
  • Mr. Bingham (nominated by RICS) has jurisdiction for Adjudication 5