AC Yule & Son Ltd v Speedwell Roofing & Cladding Ltd

Speedwell, by its silence and conduct, acquiesced in or agreed to the extension of time for the adjudicator's decision, or is estopped from denying such agreement. Therefore, the adjudicator's decision was valid and enforceable.

Parties: Claimant: AC Yule & Son Limited; Defendant: Speedwell Roofing & Cladding Limited
Jurisdiction: England and Wales
Judgment Date: 31 May 2007
Procedural Posture: Civil Construction Adjudication Enforcement / Judgment on Summary Enforcement Application
Outcome: Judgment for the claimant; adjudicator's decision enforced
Legal Topics: Adjudication Enforcement, Jurisdiction of Adjudicator, Natural Justice, Statutory Time Limits, Estoppel

Construction Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Natural Justice Statutory Time Limits Estoppel

Case Brief

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Parties

AC Yule & Son Limited

Claimant

Speedwell Roofing & Cladding Limited

Defendant

Procedural Posture

Civil Construction Adjudication Enforcement / Judgment on Summary Enforcement Application

Legal Issues

1 Whether the adjudicator's decision was a nullity for being delivered outside the statutory/extended period
2 Whether the parties agreed to an extension of time for the adjudicator's decision
3 Whether Speedwell is estopped from denying the validity of the decision

Ratio Decidendi

Court Disposition

Judgment for the claimant; adjudicator's decision enforced

Orders

Judgment in favour of Yule for the principal sum of £191,661.42 plus interest and adjudicator's fees
Subsidiary matters such as interest and VAT to be dealt with if not agreed by the parties