C Spencer Ltd v MW High Tech Projects UK Ltd

C Spencer Ltd v MW High Tech Projects UK Ltd

The adjudicator was validly appointed as notice was sufficiently given to MW; MW's counterclaims were not advanced as set-off and thus not considered; retention monies were due as the contractual machinery had broken down and milestones were completed; none of MW's jurisdictional challenges had merit.

Parties
Claimant: C. Spencer Limited; Defendant: MW High Tech Projects UK Limited
Jurisdiction
England and Wales
Judgment Date
31 March 2021
Procedural Posture
Summary Judgment Application / Judgment
Outcome
summary judgment granted
Legal Topics
Adjudication Enforcement, Hybrid Contracts, Payment Notices, Retention Release, Jurisdictional Challenge
Construction Law Contract Law Adjudication Enforcement Hybrid Contracts Payment Notices Retention Release Jurisdictional Challenge

Case Brief

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Parties

C. Spencer Limited

Claimant

MW High Tech Projects UK Limited

Defendant

Procedural Posture

Summary Judgment Application / Judgment

Legal Issues

  1. 1 Whether the adjudicator was validly appointed under the contractual provisions
  2. 2 Whether the adjudicator impermissibly valued at zero four counterclaims concerning excluded operations
  3. 3 Whether the adjudicator had jurisdiction to deal with retention monies covering both included and excluded operations

Ratio Decidendi

The adjudicator was validly appointed as notice was sufficiently given to MW; MW's counterclaims were not advanced as set-off and thus not considered; retention monies were due as the contractual machinery had broken down and milestones were completed; none of MW's jurisdictional challenges had merit.

Court Disposition

summary judgment granted

Orders

  • MW High Tech Projects UK Limited to pay C. Spencer Limited £3,397,029.03 within seven days
  • MW High Tech Projects UK Limited to pay interest of £179,000