Willow Corp S.À.R.L. v MTD Contractors Ltd [2019] EWHC 1591 (TCC) (25 June 2019)

Willow Corp S.À.R.L. v MTD Contractors Ltd [2019] EWHC 1591 (TCC) (25 June 2019)

The June 2017 agreement did not require Willow to accept Practical Completion simply upon agreement of a list of outstanding works; MTD was required to achieve Practical Completion by 28 July 2017 except for specified works. The adjudicator erred in his construction of the agreement, but there was no significant breach of natural justice. The adjudicator's decision is enforceable, subject to severance if necessary.

Citation
[2019] EWHC 1591 (TCC)
Parties
Claimant: Willow Corp S.À. R. L.; Defendant: MTD Contractors Limited
Jurisdiction
England and Wales
Judgment Date
25 June 2019
Procedural Posture
Civil (technology and Construction Court) / Judgment on Part 8 Claim for Declaratory Relief and Part 7 Claim for Summary Judgment Enforcement of Adjudication
Outcome
Summary judgment granted in favour of MTD Contractors Limited; Willow's Part 8 claim for declaratory relief dismissed.
Legal Topics
Adjudication Enforcement, Contract Interpretation, Natural Justice in Adjudication, Summary Judgment, Severance of Adjudicator's Decision
Construction Law Contract Law Civil Procedure Adjudication Enforcement Contract Interpretation Natural Justice in Adjudication Summary Judgment Severance of Adjudicator's Decision

Case Brief

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Parties

Willow Corp S.À. R. L.

Claimant

MTD Contractors Limited

Defendant

Procedural Posture

Civil (technology and Construction Court) / Judgment on Part 8 Claim for Declaratory Relief and Part 7 Claim for Summary Judgment Enforcement of Adjudication

Legal Issues

  1. 1 Proper construction of the June 2017 supplementary agreement regarding Practical Completion and liquidated damages
  2. 2 Whether the adjudicator's decision is unenforceable due to alleged breaches of natural justice
  3. 3 Whether the adjudicator's decision can be severed if partially invalid

Ratio Decidendi

The June 2017 agreement did not require Willow to accept Practical Completion simply upon agreement of a list of outstanding works; MTD was required to achieve Practical Completion by 28 July 2017 except for specified works. The adjudicator erred in his construction of the agreement, but there was no significant breach of natural justice. The adjudicator's decision is enforceable, subject to severance if necessary.

Court Disposition

Summary judgment granted in favour of MTD Contractors Limited; Willow's Part 8 claim for declaratory relief dismissed.

Orders

  • Willow to pay MTD the sum of £1,174,854.92 plus VAT and interest of £36,294.84 as ordered by the adjudicator.
  • Willow's application for declaratory relief is dismissed.