Cubitt Building & Interiors Ltd v Fleetglade Ltd

The referral notice, though served on Day 8 after late appointment on Day 7, was valid under a common sense interpretation of clause 41A.4.1. The adjudicator's decision was completed within the agreed extended period and communicated forthwith, thus valid. The adjudicator was not entitled to exercise a lien over the decision.

Parties: Claimant: Cubitt Building & Interiors Ltd; Defendant: Fleetglade Ltd
Jurisdiction: England and Wales
Judgment Date: 21 December 2006
Procedural Posture: Application for Summary Judgment / Judgment
Outcome: Application granted; adjudicator's decision enforced.
Legal Topics: Adjudication, Jurisdiction, Final Certificate, Timetabling, Lien on Adjudicator's Decision

Construction Law Contract Law Adjudication Jurisdiction Final Certificate Timetabling Lien on Adjudicator's Decision

Case Brief

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Parties

Cubitt Building & Interiors Ltd

Claimant

Fleetglade Ltd

Defendant

Procedural Posture

Application for Summary Judgment / Judgment

Legal Issues

1 Whether the referral notice was served within the mandatory 7-day period under clause 41A.4.1 of the contract
2 Whether the adjudicator's decision was reached and communicated within the agreed extended period, and if delay renders the decision a nullity
3 Whether the adjudicator was entitled to exercise a lien over his decision pending payment of fees

Ratio Decidendi

Court Disposition

Application granted; adjudicator's decision enforced.

Orders

Declaration that the referral notice was validly served and adjudicator had jurisdiction.
Order enforcing the adjudicator’s decision.