Purton (t/a Richwood Interiors) v Kilker Projects Ltd

Purton (t/a Richwood Interiors) v Kilker Projects Ltd

There was a binding construction contract between the parties; the adjudicator had jurisdiction; the precise terms or date of the contract do not affect the enforceability of the adjudicator’s decision; the defendant has no real prospect of successfully defending the claim; summary judgment is granted to enforce the adjudicator’s award.

Parties
Claimant: Rob Purton t/a Richwood Interiors; Defendant: Kilker Projects Limited
Jurisdiction
England and Wales
Judgment Date
16 September 2015
Procedural Posture
Civil (construction Contract Dispute) / Summary Judgment Application
Outcome
Summary judgment granted for the claimant.
Legal Topics
Adjudication Enforcement, Existence of Contract, Jurisdiction of Adjudicator, Summary Judgment, Quantum Meruit
Construction Law Contract Law Civil Procedure Adjudication Enforcement Existence of Contract Jurisdiction of Adjudicator Summary Judgment Quantum Meruit

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Parties

Rob Purton t/a Richwood Interiors

Claimant

Kilker Projects Limited

Defendant

Procedural Posture

Civil (construction Contract Dispute) / Summary Judgment Application

Legal Issues

  1. 1 Whether a binding construction contract existed between the parties
  2. 2 Whether the adjudicator had jurisdiction to make the award
  3. 3 Whether the contract relied upon was correctly identified for adjudication

Ratio Decidendi

There was a binding construction contract between the parties; the adjudicator had jurisdiction; the precise terms or date of the contract do not affect the enforceability of the adjudicator’s decision; the defendant has no real prospect of successfully defending the claim; summary judgment is granted to enforce the adjudicator’s award.

Court Disposition

Summary judgment granted for the claimant.

Orders

  • Defendant to pay claimant £151,407.00 plus interest at 8% from 19 May 2015 to date and continuing at the judgment rate until payment or further order.
  • Defendant to pay claimant’s costs of the action to be assessed on the standard basis if not agreed.