M Hart Construction Ltd & Anor v Ideal Response Group Ltd (Rev 1) [2018] EWHC 314 (TCC) (07 March 2018)

M Hart Construction Ltd & Anor v Ideal Response Group Ltd (Rev 1) [2018] EWHC 314 (TCC) (07 March 2018)

Ideal Response Group Limited has a real prospect of defending the claims on the basis that there was no novation of the underlying contracts to M Hart Construction Limited; summary judgment is refused for MHCL. PK Maintenance Limited is entitled to summary judgment for sums awarded in its adjudication, as there was an admitted contract with Ideal and misdescription did not affect substantive dispute.

Citation
[2018] EWHC 314 (TCC)
Parties
Claimant: M Hart Construction Limited; Claimant: P K Maintenance Limited; Defendant: Ideal Response Group Limited
Jurisdiction
England and Wales
Judgment Date
07 March 2018
Procedural Posture
Summary Judgment Application to Enforce Adjudicators' Decisions / High Court, Technology and Construction Court, Post Adjudication Enforcement
Outcome
Summary judgment refused for M Hart Construction Limited; summary judgment granted for PK Maintenance Limited.
Legal Topics
Adjudication Enforcement, Novation, Jurisdictional Challenge, Summary Judgment, Tri Partite Contracts
Construction Law Contract Law Adjudication Enforcement Novation Jurisdictional Challenge Summary Judgment Tri Partite Contracts

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Parties

M Hart Construction Limited

Claimant

P K Maintenance Limited

Claimant

Ideal Response Group Limited

Defendant

Procedural Posture

Summary Judgment Application to Enforce Adjudicators' Decisions / High Court, Technology and Construction Court, Post Adjudication Enforcement

Legal Issues

  1. 1 Whether adjudicators' decisions can be enforced by summary judgment
  2. 2 Whether contracts were validly novated to M Hart Construction Limited
  3. 3 Whether adjudicators had jurisdiction given contract misdescription

Ratio Decidendi

Ideal Response Group Limited has a real prospect of defending the claims on the basis that there was no novation of the underlying contracts to M Hart Construction Limited; summary judgment is refused for MHCL. PK Maintenance Limited is entitled to summary judgment for sums awarded in its adjudication, as there was an admitted contract with Ideal and misdescription did not affect substantive dispute.

Court Disposition

Summary judgment refused for M Hart Construction Limited; summary judgment granted for PK Maintenance Limited.

Orders

  • Summary judgment for PK Maintenance Limited for sums awarded by adjudicator plus interest to be assessed.
  • No order for M Hart Construction Limited.