Letchworth Roofing Company v Sterling Building Company

Letchworth Roofing Company v Sterling Building Company

The adjudicator's decision was issued within the extended time period with the claimant's acquiescence, and the adjudicator properly excluded the defendant's cross-claim for delay due to the absence of a valid withholding notice. There was no breach of natural justice or want of jurisdiction. Summary judgment is...

Source-derived case information.

Parties
Claimant: Letchworth Roofing Company; Defendant: Sterling Building Company
Jurisdiction
England and Wales
Judgment Date
05 May 2009
Procedural Posture
Civil (construction Contract Dispute) / Application for Summary Judgment to Enforce Adjudicator's Decision
Outcome
Summary judgment granted for the claimant
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Withholding Notices, Natural Justice, Summary Judgment
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdiction of Adjudicator Withholding Notices Natural Justice Summary Judgment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Letchworth Roofing Company

Claimant

Sterling Building Company

Defendant

Procedural Posture

Civil (construction Contract Dispute) / Application for Summary Judgment to Enforce Adjudicator's Decision

Legal Issues

  1. 1 Whether the adjudicator's decision was issued out of time and is a nullity
  2. 2 Whether the adjudicator failed to deal with a dispute referred to him, amounting to a breach of natural justice

Ratio Decidendi

The adjudicator's decision was issued within the extended time period with the claimant's acquiescence, and the adjudicator properly excluded the defendant's cross-claim for delay due to the absence of a valid withholding notice. There was no breach of natural justice or want of jurisdiction. Summary judgment is granted to enforce the adjudicator's decision.

Court Disposition

Summary judgment granted for the claimant

Orders

  • Summary judgment in the sum of £55,893.07 inclusive of VAT and interest