YCMS Ltd (t/a Young Construction Management Services) v Grabiner & Anor

YCMS Ltd (t/a Young Construction Management Services) v Grabiner & Anor

The adjudicator did not exceed jurisdiction by considering Certificate No. 14, as it was raised by the defendants as a defence; the revision of the first award was not valid as it involved second thoughts rather than correction of a genuine slip; the first award is not duplicated by the second award; set-off of the third adjudication award is not permitted; VAT is only recoverable as adjudicated.

Parties
Claimant: YCMS Limited (trading as Young Construction Management Services); Defendant: Stephen Grabiner; Defendant: Miriam Grabiner
Jurisdiction
England and Wales
Judgment Date
31 January 2009
Procedural Posture
Summary Judgment Application to Enforce Adjudicator's Decision / Judgment
Outcome
Summary judgment granted for claimant
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Slip Rule, Set Off, VAT Liability
Construction Law Contract Law Adjudication Enforcement Jurisdiction of Adjudicator Slip Rule Set Off VAT Liability

Case Brief

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Parties

YCMS Limited (trading as Young Construction Management Services)

Claimant

Stephen Grabiner

Defendant

Miriam Grabiner

Defendant

Procedural Posture

Summary Judgment Application to Enforce Adjudicator's Decision / Judgment

Legal Issues

  1. 1 Whether the adjudicator exceeded jurisdiction by awarding sums under Certificate No. 14
  2. 2 Whether the adjudicator's revision of the first award was valid under the slip rule
  3. 3 Whether the first award is duplicated by the second award

Ratio Decidendi

The adjudicator did not exceed jurisdiction by considering Certificate No. 14, as it was raised by the defendants as a defence; the revision of the first award was not valid as it involved second thoughts rather than correction of a genuine slip; the first award is not duplicated by the second award; set-off of the third adjudication award is not permitted; VAT is only recoverable as adjudicated.

Court Disposition

Summary judgment granted for claimant

Orders

  • Defendants to pay YCMS £28,675.44 inclusive of VAT
  • Court to hear parties on interest and costs