William Verry (Glazing Systems) Ltd v Furlong Homes Ltd

William Verry (Glazing Systems) Ltd v Furlong Homes Ltd

Section D of Verry’s response was not a new claim but a refinement of the original extension of time claim; even if it were a new claim, the adjudicator had jurisdiction to consider it due to the broad and unqualified scope of the dispute referred. No procedural irregularity or unfairness was established that would invalidate the adjudicator’s decision.

Parties
Claimant: William Verry (Glazing Systems) Ltd; Defendant: Furlong Homes Ltd
Jurisdiction
England and Wales
Judgment Date
13 January 2005
Procedural Posture
Civil / Judgment
Outcome
Declaration granted; adjudicator’s decision is valid and binding until finally determined by the Court.
Legal Topics
Adjudication, Jurisdiction, Extension of Time, Procedural Irregularity, Final Account Dispute
Construction Law Contract Law Adjudication Jurisdiction Extension of Time Procedural Irregularity Final Account Dispute

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Parties

William Verry (Glazing Systems) Ltd

Claimant

Furlong Homes Ltd

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Section D of Verry’s response constituted a new claim for extension of time
  2. 2 Whether the adjudicator had jurisdiction to consider Section D
  3. 3 Whether procedural irregularities rendered the adjudicator’s decision invalid

Ratio Decidendi

Section D of Verry’s response was not a new claim but a refinement of the original extension of time claim; even if it were a new claim, the adjudicator had jurisdiction to consider it due to the broad and unqualified scope of the dispute referred. No procedural irregularity or unfairness was established that would invalidate the adjudicator’s decision.

Court Disposition

Declaration granted; adjudicator’s decision is valid and binding until finally determined by the Court.

Orders

  • Declaration that the adjudicator’s Decision dated 26th October 2004 is valid and binding upon both parties until finally determined by the Court.