Laker Vent Engineering Ltd ("Laker") v Jacobs E&C Ltd ("Jacobs") [2014] EWHC 1058 (TCC) (08 April 2014)

Laker Vent Engineering Ltd ("Laker") v Jacobs E&C Ltd ("Jacobs") [2014] EWHC 1058 (TCC) (08 April 2014)

The sub-contract is a construction contract under the Act because the relevant 'site' is the entire paper mill complex, whose primary activity is paper production. Jacobs’ general reservation of rights was sufficient to prevent election by seeking slip rule corrections, allowing jurisdictional challenges. The adjudicator’s awards are not inconsistent and are sufficiently certain for enforcement. Summary judgment is granted for the sums awarded in the adjudication.

Citation
[2014] EWHC 1058 (TCC)
Parties
Claimant: Laker Vent Engineering Limited; Defendant: Jacobs E&C Limited; Claimant: Jacobs E&C Limited; Defendant: Laker Vent Engineering Limited
Jurisdiction
England and Wales
Judgment Date
08 April 2014
Procedural Posture
Summary Judgment and Declaratory Relief Applications / Post Adjudication Enforcement and Stay to Arbitration
Outcome
Summary judgment granted in favour of Laker; Jacobs’ declaratory proceedings stayed to arbitration.
Legal Topics
Adjudication Enforcement, Jurisdictional Challenges, Construction Contract Definition, Election and Reservation of Rights, Extension of Time, Taking Over Certificate, Slip Rule Corrections
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdictional Challenges Construction Contract Definition Election and Reservation of Rights Extension of Time +2 more

Case Brief

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Parties

Laker Vent Engineering Limited

Claimant

Jacobs E&C Limited

Defendant

Jacobs E&C Limited

Claimant

Laker Vent Engineering Limited

Defendant

Procedural Posture

Summary Judgment and Declaratory Relief Applications / Post Adjudication Enforcement and Stay to Arbitration

Legal Issues

  1. 1 Whether the sub-contract is a construction contract under the Housing Grants, Construction and Regeneration Act 1996
  2. 2 Whether the adjudicator's decisions are enforceable given alleged jurisdictional defects
  3. 3 Whether Jacobs elected to affirm the adjudicator's decisions by seeking slip rule corrections

Ratio Decidendi

The sub-contract is a construction contract under the Act because the relevant 'site' is the entire paper mill complex, whose primary activity is paper production. Jacobs’ general reservation of rights was sufficient to prevent election by seeking slip rule corrections, allowing jurisdictional challenges. The adjudicator’s awards are not inconsistent and are sufficiently certain for enforcement. Summary judgment is granted for the sums awarded in the adjudication.

Court Disposition

Summary judgment granted in favour of Laker; Jacobs’ declaratory proceedings stayed to arbitration.

Orders

  • Jacobs to pay Laker £808,123.69 plus VAT, £27,375.00 and £1,000.00 for adjudicators' fees and administration charges, together with interest.
  • Declaratory proceedings brought by Jacobs stayed to arbitration.