R. Durtnell & Sons Ltd. v Kaduna Ltd. [2003] EWHC 517 (TCC) (19 March 2003)

R. Durtnell & Sons Ltd. v Kaduna Ltd. [2003] EWHC 517 (TCC) (19 March 2003)

There was no dispute as to entitlement to extensions of time or loss and expense for periods beyond the architect's determination at the time of referral; the adjudicator lacked jurisdiction to decide those matters; decisions made in excess of jurisdiction are invalid and unenforceable.

Source-derived case information.

Citation
[2003] EWHC 517 (TCC)
Parties
Claimant: R. Durtnell & Sons Limited; Defendant: Kaduna Limited
Jurisdiction
England and Wales
Judgment Date
19 March 2003
Procedural Posture
Summary Judgment Application / Post Adjudication Enforcement
Outcome
Summary judgment refused for sums determined by adjudicator in excess of jurisdiction.
Legal Topics
Adjudication, Jurisdiction, Extensions of Time, Liquidated Damages, Loss and Expense, Variation Claims
Construction Law Contract Law Adjudication Jurisdiction Extensions of Time Liquidated Damages Loss and Expense Variation Claims

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Parties

R. Durtnell & Sons Limited

Claimant

Kaduna Limited

Defendant

Procedural Posture

Summary Judgment Application / Post Adjudication Enforcement

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to decide on extensions of time and loss and expense beyond architect's determination
  2. 2 Whether multiple disputes can be referred in a single adjudication under clause 41A
  3. 3 Whether a party can approbate and reprobate an adjudicator's decision

Ratio Decidendi

There was no dispute as to entitlement to extensions of time or loss and expense for periods beyond the architect's determination at the time of referral; the adjudicator lacked jurisdiction to decide those matters; decisions made in excess of jurisdiction are invalid and unenforceable.

Court Disposition

Summary judgment refused for sums determined by adjudicator in excess of jurisdiction.

Orders

  • Claim for payment of balance of adjudicator's award dismissed insofar as it relates to extension of time and loss and expense beyond architect's determination.
  • Claim for payment of interim certificate 41 dismissed due to valid set-off of liquidated damages.