Adonis Construction v O'Keefe Soil Remediation

Adonis Construction v O'Keefe Soil Remediation

There is an arguable case that no construction contract in writing existed between the parties as required by the Act, and thus the adjudicator lacked jurisdiction. Accordingly, summary judgment to enforce the adjudicator’s decision is refused.

Parties
Claimant: Adonis Construction; Defendant: O’Keefe Soil Remediation
Jurisdiction
England and Wales
Judgment Date
05 August 2009
Procedural Posture
Civil (construction Dispute) / Application for Summary Judgment to Enforce Adjudicator’s Decision
Outcome
Application for summary judgment dismissed
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Written Construction Contracts, Letters of Intent, Summary Judgment
Construction Law Contract Law Adjudication Enforcement Jurisdiction of Adjudicator Written Construction Contracts Letters of Intent Summary Judgment

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Parties

Adonis Construction

Claimant

O’Keefe Soil Remediation

Defendant

Procedural Posture

Civil (construction Dispute) / Application for Summary Judgment to Enforce Adjudicator’s Decision

Legal Issues

  1. 1 Whether there was a construction contract in writing within the meaning of section 107(1) of the Housing Grants Construction and Regeneration Act 1996
  2. 2 Whether the adjudicator had jurisdiction to make the award
  3. 3 Whether the application for summary judgment to enforce the adjudicator’s decision should be granted

Ratio Decidendi

There is an arguable case that no construction contract in writing existed between the parties as required by the Act, and thus the adjudicator lacked jurisdiction. Accordingly, summary judgment to enforce the adjudicator’s decision is refused.

Court Disposition

Application for summary judgment dismissed