Cubitt Building & Interiors Ltd v Fleetglade Ltd [2006] EWHC 3413 (TCC) (21 December 2006)

Cubitt Building & Interiors Ltd v Fleetglade Ltd [2006] EWHC 3413 (TCC) (21 December 2006)

The referral notice was validly served in accordance with the contract, as service on the day following a late appointment of the adjudicator on the seventh day is compliant with clause 41A. The adjudicator's decision, although communicated shortly after midnight on the agreed extended date, was reached and communicated within a reasonable and tolerable margin, and is therefore valid and enforceable.

Citation
[2006] EWHC 3413 (TCC)
Parties
Claimant: Cubitt Building & Interiors Ltd; Defendant: Fleetglade Ltd
Jurisdiction
England and Wales
Judgment Date
21 December 2006
Procedural Posture
Application for Summary Judgment and Enforcement of Adjudicator's Decision / Judgment After Hearing of Application
Outcome
Summary judgment granted for the claimant; adjudicator's decision enforced.
Legal Topics
Adjudication Under Construction Contracts, Jurisdiction of Adjudicator, Enforcement of Adjudicator's Decision, Interpretation of Contractual Time Limits
Construction Law Contract Law Civil Procedure Adjudication Under Construction Contracts Jurisdiction of Adjudicator Enforcement of Adjudicator's Decision Interpretation of Contractual Time Limits

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Cubitt Building & Interiors Ltd

Claimant

Fleetglade Ltd

Defendant

Procedural Posture

Application for Summary Judgment and Enforcement of Adjudicator's Decision / Judgment After Hearing of Application

Legal Issues

  1. 1 Whether the referral notice was served in accordance with the mandatory timetable under clause 41A of the contract
  2. 2 Whether the adjudicator's decision was reached and communicated within the contractually agreed time and is therefore valid and enforceable

Ratio Decidendi

The referral notice was validly served in accordance with the contract, as service on the day following a late appointment of the adjudicator on the seventh day is compliant with clause 41A. The adjudicator's decision, although communicated shortly after midnight on the agreed extended date, was reached and communicated within a reasonable and tolerable margin, and is therefore valid and enforceable.

Court Disposition

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

Orders

  • Declaration granted that the adjudicator was properly appointed and had jurisdiction.
  • Order for enforcement of the adjudicator's decision in favour of Cubitt Building & Interiors Ltd.