CJP Builders Ltd v William Verry Ltd

CJP Builders Ltd v William Verry Ltd

The adjudicator had jurisdiction under Clause 38A of the DOM/2 Conditions, not the TeCSA Rules. However, the adjudicator materially breached the rules of natural justice by excluding the respondent's late response, rendering the decision unenforceable. Payment is only due for work properly executed, not automatically for the amount applied for in the absence of notices.

Parties
Claimant: CJP Builders Limited; Defendant: William Verry Limited
Jurisdiction
England and Wales
Judgment Date
15 August 2008
Procedural Posture
Commercial Construction Dispute / Judgment on Summary Enforcement and Declaratory Relief
Outcome
Claim dismissed; declarations granted in part
Legal Topics
Adjudication, Natural Justice, Contract Interpretation, Payment Provisions, Jurisdiction
Construction Law Contract Law Adjudication Natural Justice Contract Interpretation Payment Provisions Jurisdiction

Case Brief

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Parties

CJP Builders Limited

Claimant

William Verry Limited

Defendant

Procedural Posture

Commercial Construction Dispute / Judgment on Summary Enforcement and Declaratory Relief

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction under the correct contractual regime
  2. 2 Whether there was a material breach of natural justice in excluding the respondent's late response
  3. 3 Whether the claimant is entitled to payment in the absence of payment or withholding notices

Ratio Decidendi

The adjudicator had jurisdiction under Clause 38A of the DOM/2 Conditions, not the TeCSA Rules. However, the adjudicator materially breached the rules of natural justice by excluding the respondent's late response, rendering the decision unenforceable. Payment is only due for work properly executed, not automatically for the amount applied for in the absence of notices.

Court Disposition

Claim dismissed; declarations granted in part

Orders

  • CJP's claim for enforcement of the adjudicator's decision is dismissed.
  • Verry's claim for declarations is allowed to the extent that only sums properly due for work properly executed are payable, notwithstanding absence of payment or withholding notices.