RMC Building & Civil Engineering Ltd v UK Construction Ltd (Rev 1)

RMC Building & Civil Engineering Ltd v UK Construction Ltd (Rev 1)

The adjudicator was properly appointed as there was no evidence the Letter of Appointment was sent to RMC; Application No 8 was not withdrawn and the sum claimed became due as no pay less notice was served; without prejudice negotiations could not be relied upon by UKC; UKC failed to prove the contract price for the statutory cap; UKC did not accept any repudiatory breach by RMC; and no grounds for adjournment or stay of enforcement were established. Summary judgment for RMC was granted.

Parties
Claimant: RMC Building & Civil Engineering Limited; Defendant: UK Construction Limited
Jurisdiction
England and Wales
Judgment Date
15 February 2016
Procedural Posture
Civil (construction Dispute) / Summary Judgment Application
Outcome
Summary judgment for the claimant (RMC) as claimed; application for stay of enforcement refused.
Legal Topics
Adjudication Enforcement, Without Prejudice Communications, Repudiation of Contract, Stay of Enforcement
Construction Law Contract Law Adjudication Enforcement Without Prejudice Communications Repudiation of Contract Stay of Enforcement

Case Brief

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Parties

RMC Building & Civil Engineering Limited

Claimant

UK Construction Limited

Defendant

Procedural Posture

Civil (construction Dispute) / Summary Judgment Application

Legal Issues

  1. 1 Whether the adjudicator was properly appointed and had jurisdiction
  2. 2 Whether there was a dispute at the time of the Notice of Adjudication and if Application No 8 was withdrawn
  3. 3 Whether the adjudicator exceeded jurisdiction by awarding a sum in excess of the statutory cap

Ratio Decidendi

The adjudicator was properly appointed as there was no evidence the Letter of Appointment was sent to RMC; Application No 8 was not withdrawn and the sum claimed became due as no pay less notice was served; without prejudice negotiations could not be relied upon by UKC; UKC failed to prove the contract price for the statutory cap; UKC did not accept any repudiatory breach by RMC; and no grounds for adjournment or stay of enforcement were established. Summary judgment for RMC was granted.

Court Disposition

Summary judgment for the claimant (RMC) as claimed; application for stay of enforcement refused.

Orders

  • UKC to pay RMC the adjudicated sum of £216,129
  • No stay of enforcement granted