Roe Brickwork Ltd v Wates Construction Ltd

Roe Brickwork Ltd v Wates Construction Ltd

The adjudicator acted within his jurisdiction and did not commit a material breach of natural justice; his methodology for calculating OHP was based on material before him and the issues were ventilated. The decision was sufficiently certain for enforcement as the Defendant had accepted the sums paid on account, leaving no dispute as to the balance due.

Parties
Claimant: Roe Brickwork Limited; Defendant: Wates Construction Limited
Jurisdiction
England and Wales
Judgment Date
11 November 2013
Procedural Posture
Summary Judgment Application / Judgment
Outcome
Summary judgment granted for the Claimant.
Legal Topics
Adjudication Enforcement, Loss and Expense Claims, Overhead and Profit Calculation, Natural Justice, Jurisdiction of Adjudicator
Construction Law Contract Law Adjudication Enforcement Loss and Expense Claims Overhead and Profit Calculation Natural Justice Jurisdiction of Adjudicator

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Parties

Roe Brickwork Limited

Claimant

Wates Construction Limited

Defendant

Procedural Posture

Summary Judgment Application / Judgment

Legal Issues

  1. 1 Whether the adjudicator exceeded his jurisdiction by awarding overhead and profit (OHP) in addition to losses calculated by Daywork Rates
  2. 2 Whether the adjudicator breached rules of natural justice by adopting a methodology not canvassed by the parties
  3. 3 Whether the adjudicator's decision was sufficiently certain to be enforceable

Ratio Decidendi

The adjudicator acted within his jurisdiction and did not commit a material breach of natural justice; his methodology for calculating OHP was based on material before him and the issues were ventilated. The decision was sufficiently certain for enforcement as the Defendant had accepted the sums paid on account, leaving no dispute as to the balance due.

Court Disposition

Summary judgment granted for the Claimant.

Orders

  • Claimant awarded £283,467.52 plus interest at 3.5% from 31 January 2013.
  • Claimant entitled to recover 50% of the adjudicator’s fees.