Bennett v FMK Construction Ltd.

Bennett v FMK Construction Ltd.

The final certificate is conclusive evidence as provided in clause 30.9.1 of the contract, save only in respect of all matters to which the first adjudication proceedings relate, as the adjudication was validly commenced by service of the notice of intention within the required period and procedural requirements for appointment were directory.

Parties
Claimant: Mr. Tracy Bennett; Defendant: FMK Construction Limited
Jurisdiction
England and Wales
Judgment Date
30 June 2005
Procedural Posture
Civil (construction Contract Dispute) / Judgment on Application for Declarations Under Part 8 CPR
Outcome
Declarations granted in part; claimant's application refused; defendant's first declaration granted, second declaration refused; alternative declaration made.
Legal Topics
Final Certificate Conclusiveness, Adjudication Procedure, Interpretation of Contractual Clauses
Construction Law Contract Law Final Certificate Conclusiveness Adjudication Procedure Interpretation of Contractual Clauses

Case Brief

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Parties

Mr. Tracy Bennett

Claimant

FMK Construction Limited

Defendant

Procedural Posture

Civil (construction Contract Dispute) / Judgment on Application for Declarations Under Part 8 CPR

Legal Issues

  1. 1 Whether the final certificate is conclusive evidence under clause 30.9.1 of the contract
  2. 2 Whether the adjudication proceedings were validly commenced within the contractual time limits
  3. 3 Whether procedural requirements under clause 41A.2.2 are mandatory or directory

Ratio Decidendi

The final certificate is conclusive evidence as provided in clause 30.9.1 of the contract, save only in respect of all matters to which the first adjudication proceedings relate, as the adjudication was validly commenced by service of the notice of intention within the required period and procedural requirements for appointment were directory.

Court Disposition

Declarations granted in part; claimant's application refused; defendant's first declaration granted, second declaration refused; alternative declaration made.

Orders

  • Declaration that the adjudicator was validly appointed in the first adjudication.
  • Declaration that the final certificate is conclusive evidence as provided in clause 30.9.1 save only in respect of all matters to which the first adjudication proceedings relate.