Goldsworthy & Ors (t/a Goldsworthy Builders) v Harrison & Anor [2016] EWHC 1589 (TCC) (01 July 2016)

Goldsworthy & Ors (t/a Goldsworthy Builders) v Harrison & Anor [2016] EWHC 1589 (TCC) (01 July 2016)

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 based on the final certificate and statement of account is rejected as the adjudicator was entitled to give them little weight given they were disputed.

Citation
[2016] EWHC 1589 (TCC)
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
Application for Summary Judgment (enforcement of Adjudicator's Decision) / Summary Judgment Application
Outcome
Summary judgment refused; costs reserved.
Legal Topics
Adjudication Enforcement, Summary Judgment, Formation of Contract, Incorporation of Standard Terms, Residential Occupier Exception, Payment Disputes
Construction Law Contract Law Civil Procedure Adjudication Enforcement Summary Judgment Formation of Contract Incorporation of Standard Terms Residential Occupier Exception +1 more

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Parties

Malcolm Goldsworthy

Claimant

Graham Goldsworthy

Claimant

Paul Goldsworthy

Claimant

John Harrison

Defendant

Caroline Harrison

Defendant

Procedural Posture

Application for Summary Judgment (enforcement of Adjudicator's Decision) / Summary Judgment Application

Legal Issues

  1. 1 Whether the parties agreed contract terms incorporating an adjudication clause
  2. 2 Whether the adjudicator had jurisdiction to decide the dispute
  3. 3 Effect of final certificate and statement of account 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 based on the final certificate and statement of account is rejected as the adjudicator was entitled to give them little weight given they were disputed.

Court Disposition

Summary judgment refused; costs reserved.

Orders

  • Parties to submit a draft order reflecting the decision by 5pm on 5 July 2016.
  • Costs of the application reserved to the trial judge.