ISG Construction Ltd v Seevic College

ISG Construction Ltd v Seevic College

The court held that, as between ISG and Seevic, the value of ISG’s works as at the date of Application No 13 was deemed agreed due to Seevic’s failure to serve the required notices. Therefore, the adjudicator in Adjudication No 2 had no jurisdiction to determine the value of the works for that period, and ISG was entitled to summary judgment to enforce Adjudication No 1 and a declaration that Adjudication No 2 was invalid.

Parties
Claimant: ISG Construction Ltd; Defendant: Seevic College
Jurisdiction
England and Wales
Judgment Date
03 December 2014
Procedural Posture
Summary Judgment Application / Judgment
Outcome
Summary judgment granted for ISG; declaration that Adjudication No 2 is invalid for want of jurisdiction; costs to ISG.
Legal Topics
Adjudication, Interim Payments, Jurisdiction of Adjudicator, Summary Judgment
Construction Law Contract Law Adjudication Interim Payments Jurisdiction of Adjudicator Summary Judgment

Case Brief

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Parties

ISG Construction Ltd

Claimant

Seevic College

Defendant

Procedural Posture

Summary Judgment Application / Judgment

Legal Issues

  1. 1 Whether the adjudicator's decision in Adjudication No 2 was invalid for want of jurisdiction
  2. 2 Whether ISG is entitled to summary judgment to enforce the decision in Adjudication No 1
  3. 3 Whether the value of ISG’s works as at the date of Application No 13 was already determined

Ratio Decidendi

The court held that, as between ISG and Seevic, the value of ISG’s works as at the date of Application No 13 was deemed agreed due to Seevic’s failure to serve the required notices. Therefore, the adjudicator in Adjudication No 2 had no jurisdiction to determine the value of the works for that period, and ISG was entitled to summary judgment to enforce Adjudication No 1 and a declaration that Adjudication No 2 was invalid.

Court Disposition

Summary judgment granted for ISG; declaration that Adjudication No 2 is invalid for want of jurisdiction; costs to ISG.

Orders

  • ISG is entitled to summary judgment to enforce the decision in Adjudication No 1.
  • Declaration that the decision in Adjudication No 2 is invalid for want of jurisdiction.