Working Environments Ltd v Greencoat Construction Ltd [2012] EWHC 1039 (TCC) (24 April 2012)

Working Environments Ltd v Greencoat Construction Ltd [2012] EWHC 1039 (TCC) (24 April 2012)

A crystallised dispute existed as to the sums due under the interim application and the items of set-off identified prior to adjudication; the adjudicator had jurisdiction to decide on those items (1-10), but not on items 11 and 12, which were not part of the crystallised dispute. The decision is severable, and the enforceable part (excluding items 11 and 12) is binding and must be paid.

Citation
[2012] EWHC 1039 (TCC)
Parties
Claimant: Working Environments Limited; Defendant: Greencoat Construction Limited
Jurisdiction
England and Wales
Judgment Date
24 April 2012
Procedural Posture
Adjudication Enforcement / Summary Judgment / High Court (tcc) Judgment on Enforcement of Adjudicator's Decision
Outcome
Judgment for the Claimant (Working Environments Limited) for the enforceable part of the adjudicator's decision, with severance of items outside jurisdiction.
Legal Topics
Adjudication Enforcement, Crystallisation of Disputes, Jurisdiction of Adjudicator, Severability of Adjudicator's Decision, Withholding Notices, Set Off, Declaratory Relief
Construction Law Contract Law Civil Procedure Adjudication Enforcement Crystallisation of Disputes Jurisdiction of Adjudicator Severability of Adjudicator's Decision Withholding Notices +2 more

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Parties

Working Environments Limited

Claimant

Greencoat Construction Limited

Defendant

Procedural Posture

Adjudication Enforcement / Summary Judgment / High Court (tcc) Judgment on Enforcement of Adjudicator's Decision

Legal Issues

  1. 1 Whether a dispute had crystallised prior to adjudication
  2. 2 Whether the adjudicator had jurisdiction to decide all items in the Withholding Notice, particularly items 11 and 12
  3. 3 Whether the adjudicator's decision could be severed to enforce only the part within jurisdiction

Ratio Decidendi

A crystallised dispute existed as to the sums due under the interim application and the items of set-off identified prior to adjudication; the adjudicator had jurisdiction to decide on those items (1-10), but not on items 11 and 12, which were not part of the crystallised dispute. The decision is severable, and the enforceable part (excluding items 11 and 12) is binding and must be paid.

Court Disposition

Judgment for the Claimant (Working Environments Limited) for the enforceable part of the adjudicator's decision, with severance of items outside jurisdiction.

Orders

  • Defendant (Greencoat Construction Limited) to pay £291,331.20 to the Claimant, comprising £229,711 plus VAT (£275,653.20) and 65% of the adjudicator's fee (£15,678)
  • Interest awarded at 3% from 1 March 2012 to 24 April 2012