PT Building Services Ltd v ROK Build Ltd

PT Building Services Ltd v ROK Build Ltd

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 valid and is precluded from challenging its enforceability. In any event, there was a contract evidenced in writing, the dispute was properly crystallised, the adjudication did not include work outside the contract, any procedural non-compliance was not fatal, and the adjudicator answered the correct question. Accordingly, PTB is entitled to summary judgment enforcing the adjudicator's decision.

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) / Judgment on Application for Summary Judgment
Outcome
Summary judgment granted for the claimant (PTB); adjudicator's decision enforced.
Legal Topics
Adjudication Enforcement, Written Contracts Under S.107 Housing Grants Construction and Regeneration Act 1996, Jurisdictional Challenges, Crystallisation of Disputes, Natural Justice in Adjudication, Scheme for Construction Contracts
Construction Law Contract Law Civil Procedure Adjudication Enforcement Written Contracts Under S.107 Housing Grants Construction and Regeneration Act 1996 Jurisdictional Challenges Crystallisation of Disputes Natural Justice in Adjudication +1 more

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Parties

PT Building Services Limited

Claimant

ROK Build Limited

Defendant

Procedural Posture

Summary Judgment Application (enforcement of Adjudicator's Decision) / Judgment on Application for Summary Judgment

Legal Issues

  1. 1 Whether ROK is precluded from challenging the adjudicator's decision by election/approbation and reprobation
  2. 2 Whether there was a contract in writing within s.107 of the 1996 Act
  3. 3 Whether the adjudication included work outside the scope of the contract in writing

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 valid and is precluded from challenging its enforceability. In any event, there was a contract evidenced in writing, the dispute was properly crystallised, the adjudication did not include work outside the contract, any procedural non-compliance was not fatal, and the adjudicator answered the correct question. Accordingly, PTB is entitled to summary judgment enforcing the adjudicator's decision.

Court Disposition

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

Orders

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