Bovis Lend Lease Ltd v Cofely Engineering Services

Bovis Lend Lease Ltd v Cofely Engineering Services

The Subcontract, properly construed, provides that the RICS is the nominating body for adjudicator appointments, as evidenced by the manuscript amendments to Part 8 of the Appendix, which take precedence over other conflicting provisions. Therefore, Mr. Bingham, nominated by the RICS, has jurisdiction to adjudicate the dispute. The claimant's construction is rejected as it requires ignoring the clear amendments and hierarchy of documents.

Parties
Claimant: Bovis Lend Lease Limited; Defendant: Cofely Engineering Services
Jurisdiction
England and Wales
Judgment Date
07 May 2009
Procedural Posture
Civil (construction Dispute) / Judgment on Part 8 Claim
Outcome
Claim dismissed
Legal Topics
Adjudication, Jurisdiction of Adjudicator, Interpretation of Construction Contracts, Estoppel, Binding Nature of Adjudicator's Decision
Construction Law Contract Law Adjudication Jurisdiction of Adjudicator Interpretation of Construction Contracts Estoppel Binding Nature of Adjudicator's Decision

Case Brief

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Parties

Bovis Lend Lease Limited

Claimant

Cofely Engineering Services

Defendant

Procedural Posture

Civil (construction Dispute) / Judgment on Part 8 Claim

Legal Issues

  1. 1 Proper construction of the Subcontract regarding nomination of adjudicator
  2. 2 Whether the Scheme for Construction Contracts applies
  3. 3 Whether the claimant is estopped from challenging the jurisdiction of the adjudicator

Ratio Decidendi

The Subcontract, properly construed, provides that the RICS is the nominating body for adjudicator appointments, as evidenced by the manuscript amendments to Part 8 of the Appendix, which take precedence over other conflicting provisions. Therefore, Mr. Bingham, nominated by the RICS, has jurisdiction to adjudicate the dispute. The claimant's construction is rejected as it requires ignoring the clear amendments and hierarchy of documents.

Court Disposition

Claim dismissed

Orders

  • The claimant's Part 8 claim is dismissed.