Baldwin & Anor v Pickstock Ltd

The adjudicator's appointment lapsed on 7.6.16, being the last date for a valid extension agreed or acquiesced to by the defendant. There was nothing for the adjudicator to resign from on 9.6.16, so the purported resignation was invalid. The claim for fees under clause 3.2 fails.

Parties: Claimant: Frederick Dennis Baldwin; Claimant: Soma Contract Services Limited; Defendant: J R Pickstock Ltd
Jurisdiction: England and Wales
Judgment Date: 05 October 2017
Procedural Posture: Civil Construction/contract / Judgment After Trial
Outcome: Claim dismissed
Legal Topics: Adjudicator's Appointment Duration, Resignation Under the Scheme for Construction Contracts, Promissory Estoppel, Acquiescence, Entitlement to Fees After Resignation

Construction Law Contract Law Adjudicator's Appointment Duration Resignation Under the Scheme for Construction Contracts Promissory Estoppel Acquiescence Entitlement to Fees After Resignation

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Parties

Frederick Dennis Baldwin

Claimant

Soma Contract Services Limited

Claimant

J R Pickstock Ltd

Defendant

Procedural Posture

Civil Construction/contract / Judgment After Trial

Legal Issues

1 Whether the adjudicator validly invoked clause 3.2 of his terms on 9.6.16
2 Whether the claimant company is entitled to payment of £28,303.92 or any part thereof as damages for breach of contract
3 Proper construction of 'at any time' in paragraph 9(1) of the Scheme for Construction Contracts

Ratio Decidendi

Court Disposition

Claim dismissed