Goldsworthy & Ors (t/a Goldsworthy Builders) v Harrison & Anor

Goldsworthy & Ors (t/a Goldsworthy Builders) v Harrison & Anor

There is a triable issue as to whether the parties contractually agreed to the application of the JCT Minor Works terms, including the adjudication clause. The evidence is equivocal and insufficient for summary judgment. The secondary challenge regarding the effect of the final certificate is rejected, but summary judgment to enforce the adjudicator's decision cannot be granted without a full trial.

Parties
Claimant: Malcolm Goldsworthy; Claimant: Graham Goldsworthy; Claimant: Paul Goldsworthy; Defendant: John Harrison; Defendant: Caroline Harrison
Jurisdiction
England and Wales
Judgment Date
01 July 2016
Procedural Posture
Civil (construction Dispute) / Summary Judgment Application
Outcome
Summary judgment refused; costs reserved
Legal Topics
Adjudication Clauses, Summary Judgment, Contract Formation, Enforcement of Adjudicator's Decision
Construction Law Contract Law Adjudication Clauses Summary Judgment Contract Formation Enforcement of Adjudicator's Decision

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Parties

Malcolm Goldsworthy

Claimant

Graham Goldsworthy

Claimant

Paul Goldsworthy

Claimant

John Harrison

Defendant

Caroline Harrison

Defendant

Procedural Posture

Civil (construction Dispute) / Summary Judgment Application

Legal Issues

  1. 1 Whether the parties agreed contract terms containing an adjudication clause
  2. 2 Whether the adjudicator had jurisdiction to decide the dispute
  3. 3 Effect of a final certificate issued during adjudication

Ratio Decidendi

There is a triable issue as to whether the parties contractually agreed to the application of the JCT Minor Works terms, including the adjudication clause. The evidence is equivocal and insufficient for summary judgment. The secondary challenge regarding the effect of the final certificate is rejected, but summary judgment to enforce the adjudicator's decision cannot be granted without a full trial.

Court Disposition

Summary judgment refused; costs reserved

Orders

  • The application for summary judgment is dismissed; costs are reserved for determination at trial or further order.
  • The parties are to submit a draft order reflecting this decision by 5pm on 5 July 2016.