OD Developments v Oak Dry Lining Ltd
The JCT 2011 Design & Build Subcontract terms were not incorporated into the contract between the parties; the adjudicator proceeded on the wrong contractual basis and therefore lacked jurisdiction. The adjudicator's decision is not enforceable.
- Parties
- Claimant: OD Developments & Projects Ltd; Defendant: Oak Dry Lining Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 02 April 2020
- Procedural Posture
- Construction Adjudication Enforcement / Part 8 Claim / Judgment on Enforcement and Jurisdiction
- Outcome
- Claim dismissed; adjudicator's decision not enforced
- Legal Topics
- Adjudication, Jurisdiction, Contract Formation, Incorporation of Terms, Payment Notices
Case Brief
Summary, issues, holding and outcome
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Parties
OD Developments & Projects Ltd
Claimant
Oak Dry Lining Ltd
Defendant
Procedural Posture
Construction Adjudication Enforcement / Part 8 Claim / Judgment on Enforcement and Jurisdiction
Legal Issues
- 1 Whether the adjudicator had jurisdiction to decide the dispute
- 2 Whether the JCT 2011 Design & Build Subcontract terms were incorporated into the contract
- 3 Whether the adjudicator's decision is enforceable
Ratio Decidendi
The JCT 2011 Design & Build Subcontract terms were not incorporated into the contract between the parties; the adjudicator proceeded on the wrong contractual basis and therefore lacked jurisdiction. The adjudicator's decision is not enforceable.
Court Disposition
Claim dismissed; adjudicator's decision not enforced
Orders
- OD Developments' Part 8 claim is dismissed
- Oak Dry Lining's application for summary judgment to enforce the adjudicator's decision is refused
Full Case Text
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