Aveat Heating Ltd v Jerram Falkus Construction Ltd

Aveat Heating Ltd v Jerram Falkus Construction Ltd

The Scheme for Construction Contracts was implied into the contract due to non-compliance with the Act; the adjudicator's decision was made within the statutory time limits; the notice of adjudication was sufficient; the adjudicator had jurisdiction except for awarding costs, which was outside his powers under the Scheme.

Parties
Claimant: Aveat Heating Limited; Defendant: Jerram Falkus Construction Limited
Jurisdiction
England and Wales
Judgment Date
01 February 2007
Procedural Posture
Application / Judgment
Outcome
Claim allowed except as to costs and expenses awarded by the adjudicator.
Legal Topics
Adjudication, Jurisdiction, Compliance With Statutory Scheme, Enforcement of Adjudicator's Decision
Construction Law Contract Law Adjudication Jurisdiction Compliance With Statutory Scheme Enforcement of Adjudicator's Decision

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Parties

Aveat Heating Limited

Claimant

Jerram Falkus Construction Limited

Defendant

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether the contract's adjudication provisions comply with the Housing Grants Construction and Regeneration Act 1996
  2. 2 Whether the adjudicator's decision was made within the statutory time limits
  3. 3 Whether the adjudicator had jurisdiction to decide the dispute

Ratio Decidendi

The Scheme for Construction Contracts was implied into the contract due to non-compliance with the Act; the adjudicator's decision was made within the statutory time limits; the notice of adjudication was sufficient; the adjudicator had jurisdiction except for awarding costs, which was outside his powers under the Scheme.

Court Disposition

Claim allowed except as to costs and expenses awarded by the adjudicator.

Orders

  • Enforcement of the adjudicator's decision except for the award of costs and expenses.
  • Defendant granted permission to defend the claim to the extent of the costs and expenses.