South Coast Construction Ltd v Iverson Road Ltd

South Coast Construction Ltd v Iverson Road Ltd

The court held that the adjudicator had jurisdiction to decide all questions of delay, extensions of time, liquidated damages, and prolongation costs because these issues were necessarily encompassed within the dispute referred and further brought into scope by the defendant's own cross-claims. The defendant's...

Source-derived case information.

Parties
Claimant: South Coast Construction Limited; Defendant: Iverson Road Limited
Jurisdiction
England and Wales
Judgment Date
19 January 2017
Procedural Posture
Civil (construction Contract Dispute) / Judgment on Summary Judgment Application to Enforce Adjudicator's Decision
Outcome
Judgment for the claimant; summary judgment granted enforcing the adjudicator's decision.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Moratorium Under Insolvency Act, Summary Judgment, Liquidated Damages, Extension of Time
Construction Law Insolvency Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Moratorium Under Insolvency Act Summary Judgment Liquidated Damages +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

South Coast Construction Limited

Claimant

Iverson Road Limited

Defendant

Procedural Posture

Civil (construction Contract Dispute) / Judgment on Summary Judgment Application to Enforce Adjudicator's Decision

Legal Issues

  1. 1 Whether the court should grant permission to continue proceedings during a moratorium under the Insolvency Act 1986
  2. 2 Whether the adjudicator had jurisdiction to decide issues of extension of time and prolongation costs
  3. 3 Whether the adjudicator's decision should be enforced by summary judgment

Ratio Decidendi

The court held that the adjudicator had jurisdiction to decide all questions of delay, extensions of time, liquidated damages, and prolongation costs because these issues were necessarily encompassed within the dispute referred and further brought into scope by the defendant's own cross-claims. The defendant's conduct in issuing serial NOIs and failing to notify the claimant and the court was improper. The moratorium did not bar enforcement, and the adjudicator's decision was binding and enforceable. Judgment was entered for the claimant for the sums awarded by the adjudicator.

Court Disposition

Judgment for the claimant; summary judgment granted enforcing the adjudicator's decision.

Orders

  • Judgment entered for the claimant for £868,728.47 plus interest, fees, and costs.