Dacy Building Services Ltd v IDM Properties LLP

Dacy Building Services Ltd v IDM Properties LLP

The court found, on the evidence, that an oral contract was concluded between Dacy Building Services Limited and IDM Properties LLP at the meeting on 3 December 2015. The contract was for Dacy to perform works at the project and be paid by IDM Properties. This finding established that the adjudicator had jurisdiction to make the decision in favour of Dacy. The decision is based on the credibility of the witnesses, the contemporaneous documents, and the commercial context, which made it highly unlikely that Dacy would have contracted with HOC. The court rejected IDM Properties' version of events and found that the oral agreement was intended to create legal relations and was binding.

Parties
Claimant: Dacy Building Services Limited; Defendant: IDM Properties LLP
Jurisdiction
England and Wales
Judgment Date
05 February 2018
Procedural Posture
Construction Contract Dispute (adjudication Enforcement) / Trial of Preliminary Issue After Summary Judgment Application
Outcome
Judgment for the Claimant (Dacy Building Services Limited)
Legal Topics
Adjudication Enforcement, Oral Contracts, Jurisdiction of Adjudicator, Contract Formation
Construction Law Contract Law Adjudication Enforcement Oral Contracts Jurisdiction of Adjudicator Contract Formation

Case Brief

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Parties

Dacy Building Services Limited

Claimant

IDM Properties LLP

Defendant

Procedural Posture

Construction Contract Dispute (adjudication Enforcement) / Trial of Preliminary Issue After Summary Judgment Application

Legal Issues

  1. 1 Whether an oral contract was formed between Dacy Building Services Limited and IDM Properties LLP on 3 December 2015
  2. 2 Whether the adjudicator had jurisdiction to make the decision in favour of Dacy

Ratio Decidendi

The court found, on the evidence, that an oral contract was concluded between Dacy Building Services Limited and IDM Properties LLP at the meeting on 3 December 2015. The contract was for Dacy to perform works at the project and be paid by IDM Properties. This finding established that the adjudicator had jurisdiction to make the decision in favour of Dacy. The decision is based on the credibility of the witnesses, the contemporaneous documents, and the commercial context, which made it highly unlikely that Dacy would have contracted with HOC. The court rejected IDM Properties' version of events and found that the oral agreement was intended to create legal relations and was binding.

Court Disposition

Judgment for the Claimant (Dacy Building Services Limited)

Orders

  • The decision of the adjudicator is enforced.
  • Judgment is entered for Dacy Building Services Limited in the sum found by the adjudicator.