Bell Building Limited v TClarke Contracting Limited

Bell Building Limited v TClarke Contracting Limited

The Adjudicator did not act outside his jurisdiction or breach natural justice; he responded to the parties' submissions and corrected the arithmetic based on material and arguments before him. The decision is enforceable.

Parties
Claimant: Bell Building Limited; Defendant: TClarke Contracting Limited
Jurisdiction
England and Wales
Judgment Date
30 July 2024
Procedural Posture
Adjudication Enforcement Proceedings / Summary Judgment Application
Outcome
Summary judgment granted for the Claimant; Adjudicator's decision enforced.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Natural Justice, Payment Disputes, JCT Contracts
Construction Law Contract Law Adjudication Enforcement Jurisdiction of Adjudicator Natural Justice Payment Disputes JCT Contracts

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Parties

Bell Building Limited

Claimant

TClarke Contracting Limited

Defendant

Procedural Posture

Adjudication Enforcement Proceedings / Summary Judgment Application

Legal Issues

  1. 1 Whether the Adjudicator acted outside his jurisdiction by awarding more than the sum claimed
  2. 2 Whether there was a breach of natural justice by the Adjudicator
  3. 3 Whether the Adjudicator's decision is enforceable

Ratio Decidendi

The Adjudicator did not act outside his jurisdiction or breach natural justice; he responded to the parties' submissions and corrected the arithmetic based on material and arguments before him. The decision is enforceable.

Court Disposition

Summary judgment granted for the Claimant; Adjudicator's decision enforced.

Orders

  • Bell is entitled to summary judgment for £2,129,672.69 plus VAT and interest as per the Adjudicator's decision.
  • Counsel to prepare a draft order; costs to be agreed or assessed summarily if not agreed.