Science and Technology Facilities Council v MW High Tech Projects UK Ltd

Science and Technology Facilities Council v MW High Tech Projects UK Ltd

The contractual adjudication provisions complied with section 108 of the Act, the Defendant did not waive its right to challenge jurisdiction by paying the adjudicator's fees, and the jurisdictional objections raised by the Defendant were rejected; summary judgment was granted to enforce the adjudicator's decisions.

Parties
Claimant: Science and Technology Facilities Council; Defendant: MW High Tech Projects UK Limited
Jurisdiction
England and Wales
Judgment Date
21 October 2015
Procedural Posture
Commercial Construction Dispute / Application for Summary Judgment to Enforce Adjudicator's Decisions
Outcome
Summary judgment granted in favour of the Claimant; adjudicator's decisions enforced.
Legal Topics
Adjudication Enforcement, Jurisdictional Challenge, Housing Grants Construction and Regeneration Act 1996, Scheme for Construction Contracts
Construction Law Contract Law Adjudication Enforcement Jurisdictional Challenge Housing Grants Construction and Regeneration Act 1996 Scheme for Construction Contracts

Case Brief

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Parties

Science and Technology Facilities Council

Claimant

MW High Tech Projects UK Limited

Defendant

Procedural Posture

Commercial Construction Dispute / Application for Summary Judgment to Enforce Adjudicator's Decisions

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction under the contract to determine the dispute
  2. 2 Whether contractual adjudication provisions comply with section 108 of the Housing Grants Construction and Regeneration Act 1996
  3. 3 Whether payment of adjudicator's fees amounts to waiver of jurisdictional challenge

Ratio Decidendi

The contractual adjudication provisions complied with section 108 of the Act, the Defendant did not waive its right to challenge jurisdiction by paying the adjudicator's fees, and the jurisdictional objections raised by the Defendant were rejected; summary judgment was granted to enforce the adjudicator's decisions.

Court Disposition

Summary judgment granted in favour of the Claimant; adjudicator's decisions enforced.

Orders

  • Defendant to pay Claimant £232,400.00 plus £29,654.88 interest forthwith.
  • Defendant to pay Claimant £30,516.00 in respect of adjudication costs.