Bellway Homes Limited v Surgo Construction Limited

Bellway Homes Limited v Surgo Construction Limited

The dispute referred was a single claim for sums due under the payment application, with two alternative routes (smash & grab or true value). The adjudicator acted within jurisdiction by determining the true value after rejecting the smash & grab claim. Both jurisdictional challenges by the defendant fail.

Parties
Claimant: Bellway Homes Limited; Defendant: Surgo Construction Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Summary Judgment Application to Enforce Adjudication Decision / High Court Ruling on Enforcement
Outcome
Summary judgment granted for the claimant; application succeeds.
Legal Topics
Adjudication Enforcement, Jurisdictional Challenge, Payment Disputes, True Value Adjudication, Smash and Grab Claims
Construction Law Contract Law Adjudication Enforcement Jurisdictional Challenge Payment Disputes True Value Adjudication Smash and Grab Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Bellway Homes Limited

Claimant

Surgo Construction Limited

Defendant

Procedural Posture

Summary Judgment Application to Enforce Adjudication Decision / High Court Ruling on Enforcement

Legal Issues

  1. 1 Whether multiple disputes were referred to adjudication without consent
  2. 2 Whether the adjudicator exceeded jurisdiction by determining true value after rejecting smash and grab claim

Ratio Decidendi

The dispute referred was a single claim for sums due under the payment application, with two alternative routes (smash & grab or true value). The adjudicator acted within jurisdiction by determining the true value after rejecting the smash & grab claim. Both jurisdictional challenges by the defendant fail.

Court Disposition

Summary judgment granted for the claimant; application succeeds.

Orders

  • Defendant to pay claimant £148,431.70 forthwith.
  • Further interest accrues at £33.03 per day.