ESSENTIAL LIVING (GREENWICH) LIMITED v ELEMENTS (EUROPE) LIMITED

ESSENTIAL LIVING (GREENWICH) LIMITED v ELEMENTS (EUROPE) LIMITED

The adjudication decision is binding on the parties only in respect of the specific disputes determined therein, pending final determination by the court or settlement. It is not binding for the purposes of the Construction Manager’s final determination of the Completion Period under clause 2.27.5 or for the determination of the Final Trade Contract Sum, but is binding in respect of variations considered and assessed by the adjudicator unless a fresh basis of claim is identified. Whether any future adjudication concerns the same or substantially the same dispute is a matter of fact and degree, not suitable for general declaration in this Part 8 claim.

Parties
Claimant: Essential Living (Greenwich) Limited; Defendant: Elements (Europe) Limited
Jurisdiction
England and Wales
Judgment Date
08 June 2022
Procedural Posture
Civil (construction Dispute) / Judgment on Part 8 Claim for Declaratory Relief
Outcome
Declaratory relief largely refused; limited declarations as to binding effect of adjudication decision granted as per judgment reasoning.
Legal Topics
Adjudication, Final Account Process, Extensions of Time, Liquidated Damages, Declaratory Relief
Construction Law Contract Law Adjudication Final Account Process Extensions of Time Liquidated Damages Declaratory Relief

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Parties

Essential Living (Greenwich) Limited

Claimant

Elements (Europe) Limited

Defendant

Procedural Posture

Civil (construction Dispute) / Judgment on Part 8 Claim for Declaratory Relief

Legal Issues

  1. 1 Whether the adjudication decision is binding on the parties for the purpose of the ongoing final account process and any further adjudication, pending final resolution by legal proceedings or settlement
  2. 2 The impact of the adjudication decision on claims for extensions of time, liquidated damages, and delay damages
  3. 3 The impact of the adjudication decision on evaluation of the Final Trade Contract Sum, including variations and loss and/or expense

Ratio Decidendi

The adjudication decision is binding on the parties only in respect of the specific disputes determined therein, pending final determination by the court or settlement. It is not binding for the purposes of the Construction Manager’s final determination of the Completion Period under clause 2.27.5 or for the determination of the Final Trade Contract Sum, but is binding in respect of variations considered and assessed by the adjudicator unless a fresh basis of claim is identified. Whether any future adjudication concerns the same or substantially the same dispute is a matter of fact and degree, not suitable for general declaration in this Part 8 claim.

Court Disposition

Declaratory relief largely refused; limited declarations as to binding effect of adjudication decision granted as per judgment reasoning.