Ground Developments Ltd v FCC Construccion SA & Ors

Ground Developments Ltd v FCC Construccion SA & Ors

The adjudicator was validly appointed under the Scheme, acted within jurisdiction, and decided the dispute referred (non-payment due to lack of Pay Less Notices). The procedural and jurisdictional objections raised by the Joint Venture were unfounded or insubstantial. There was no breach of natural justice. Summary judgment is granted to enforce the adjudicator's decision.

Parties
Claimant: Ground Developments LTD; Defendant: FCC Construccion SA; Defendant: Samsung C&T ECUK Limited; Defendant: Kier Infrastructure and Overseas Limited; Defendant: Merseylink Civil Contractors JV
Jurisdiction
England and Wales
Judgment Date
27 July 2016
Procedural Posture
Civil (construction Adjudication Enforcement) / Summary Judgment Application
Outcome
Summary judgment granted for the claimant; adjudicator's decision enforced.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Natural Justice, Summary Judgment, Contract Formation
Construction Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Natural Justice Summary Judgment Contract Formation

Case Brief

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Parties

Ground Developments LTD

Claimant

FCC Construccion SA

Defendant

Samsung C&T ECUK Limited

Defendant

Kier Infrastructure and Overseas Limited

Defendant

Merseylink Civil Contractors JV

Defendant

Procedural Posture

Civil (construction Adjudication Enforcement) / Summary Judgment Application

Legal Issues

  1. 1 Whether the adjudicator's decision should be enforced by summary judgment
  2. 2 Whether the adjudicator acted within jurisdiction and in accordance with natural justice
  3. 3 Whether the correct adjudication procedure was followed given uncertainty over contract terms

Ratio Decidendi

The adjudicator was validly appointed under the Scheme, acted within jurisdiction, and decided the dispute referred (non-payment due to lack of Pay Less Notices). The procedural and jurisdictional objections raised by the Joint Venture were unfounded or insubstantial. There was no breach of natural justice. Summary judgment is granted to enforce the adjudicator's decision.

Court Disposition

Summary judgment granted for the claimant; adjudicator's decision enforced.

Orders

  • Defendants to pay the sum of £207,403.27 plus VAT to the claimant.
  • Court to hear further submissions on interest and costs.