Rhodia Chirex Ltd v laker Vent Engineering Ltd

Rhodia Chirex Ltd v laker Vent Engineering Ltd

The amended clause 11 did not exclude expert determination under clause 45, which remained operative due to the wording of clause 46 and the absence of deletion in the special conditions. The expert had jurisdiction to revise the provisional termination certificate and order payment, and the judge was correct to grant summary judgment as Rhodia had no real prospect of successfully defending the claim.

Parties
Appellant: Rhodia Chirex Limited; Respondent: Laker Vent Engineering Limited
Jurisdiction
England and Wales
Judgment Date
18 December 2003
Procedural Posture
Civil Appeal / Appeal From Summary Judgment
Outcome
appeal dismissed
Legal Topics
Expert Determination, Contract Interpretation, Summary Judgment, Arbitration, Certification Under Construction Contracts
Contract Law Construction Law Expert Determination Contract Interpretation Summary Judgment Arbitration Certification Under Construction Contracts

Case Brief

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Parties

Rhodia Chirex Limited

Appellant

Laker Vent Engineering Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the amended contract excluded expert determination under clause 45 of the model form
  2. 2 Whether the expert had jurisdiction to revise the provisional termination certificate and order payment
  3. 3 Whether Rhodia submitted to the expert's jurisdiction

Ratio Decidendi

The amended clause 11 did not exclude expert determination under clause 45, which remained operative due to the wording of clause 46 and the absence of deletion in the special conditions. The expert had jurisdiction to revise the provisional termination certificate and order payment, and the judge was correct to grant summary judgment as Rhodia had no real prospect of successfully defending the claim.

Court Disposition

appeal dismissed

Orders

  • Summary judgment for Laker Vent Engineering Limited for the sums determined by the expert, plus interest and VAT
  • Rhodia Chirex Limited to pay costs of the applications