R. Durtnell & Sons Ltd. v Kaduna Ltd.

R. Durtnell & Sons Ltd. v Kaduna Ltd.

The adjudicator lacked jurisdiction to decide on extensions of time and loss and expense for periods not yet determined by the architect, and to assess sub-contractor claims for periods not yet claimed; therefore, the claimant's surviving claims fail.

Parties
Claimant: R. Durtnell & Sons Limited; Defendant: Kaduna Limited
Jurisdiction
England and Wales
Judgment Date
19 March 2003
Procedural Posture
Civil / Judgment
Outcome
Claim dismissed
Legal Topics
Adjudication, Jurisdiction, Extensions of Time, Liquidated Damages, Loss and Expense, Appropriation and Reprobation
Construction Law Contract Law Adjudication Jurisdiction Extensions of Time Liquidated Damages Loss and Expense Appropriation and Reprobation

Case Brief

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Parties

R. Durtnell & Sons Limited

Claimant

Kaduna Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to decide on extensions of time and loss and expense beyond the architect's determination
  2. 2 Whether the adjudicator had jurisdiction to assess sub-contractor claims for periods not yet claimed
  3. 3 Whether the doctrine of approbation and reprobation applies to adjudication decisions

Ratio Decidendi

The adjudicator lacked jurisdiction to decide on extensions of time and loss and expense for periods not yet determined by the architect, and to assess sub-contractor claims for periods not yet claimed; therefore, the claimant's surviving claims fail.

Court Disposition

Claim dismissed