PT Building Services Ltd v ROK Build Ltd [2008] EWHC 3434 (TCC) (08 December 2008)

PT Building Services Ltd v ROK Build Ltd [2008] EWHC 3434 (TCC) (08 December 2008)

ROK, by relying on the first adjudicator's decision to prevent a second adjudication and by paying the adjudicator's fees, elected to treat the decision as binding and is precluded from challenging its validity. In any event, there was a contract in writing within s.107, the dispute was properly crystallised, the...

Source-derived case information.

Citation
[2008] EWHC 3434 (TCC)
Parties
Claimant: PT Building Services Limited; Defendant: ROK Build Limited
Jurisdiction
England and Wales
Judgment Date
08 December 2008
Procedural Posture
Summary Judgment Application (enforcement of Adjudicator's Decision) / High Court (technology and Construction Court) Judgment
Outcome
Summary judgment granted for the claimant (PTB) enforcing the adjudicator's decision.
Legal Topics
Adjudication Enforcement, Written Contracts Under Housing Grants, Construction and Regeneration Act 1996, Jurisdictional Challenges in Adjudication, Crystallisation of Disputes, Natural Justice in Adjudication, Summary Judgment Procedure
Construction Law Contract Law Civil Procedure Adjudication Enforcement Written Contracts Under Housing Grants, Construction and Regeneration Act 1996 Jurisdictional Challenges in Adjudication Crystallisation of Disputes Natural Justice in Adjudication +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

PT Building Services Limited

Claimant

ROK Build Limited

Defendant

Procedural Posture

Summary Judgment Application (enforcement of Adjudicator's Decision) / High Court (technology and Construction Court) Judgment

Legal Issues

  1. 1 Whether ROK is precluded from challenging the adjudicator's decision due to election/approbation and reprobation
  2. 2 Whether there was a contract in writing within s.107 of the Housing Grants, Construction and Regeneration Act 1996
  3. 3 Whether the adjudicator's jurisdiction was affected by inclusion of work outside the contract

Ratio Decidendi

ROK, by relying on the first adjudicator's decision to prevent a second adjudication and by paying the adjudicator's fees, elected to treat the decision as binding and is precluded from challenging its validity. In any event, there was a contract in writing within s.107, the dispute was properly crystallised, the adjudicator had jurisdiction, and no procedural or natural justice breach invalidated the decision. PTB is entitled to summary judgment enforcing the adjudicator's award.

Court Disposition

Summary judgment granted for the claimant (PTB) enforcing the adjudicator's decision.

Orders

  • ROK Build Limited to pay PT Building Services Limited the sum awarded by the adjudicator (£314,242.18 plus interest).
  • Court to hear further submissions on the precise sum, interest, and costs.