Cases - Grovedeck Ltd v Capital Demolition Ltd

Record details

Name

Grovedeck Ltd v Capital Demolition Ltd

Date

[2000]

Citation

AII ER (D) 317

Legislation

• Housing Grants, Construction and Regeneration Act 1996
• Scheme For Construction Contracts (England and Wales) Regulations 1998

Keywords

Construction - adjudication - jurisdiction - multiple contracts - oral contracts - notice of adjudication - summary judgment - Housing Grants, Construction and Regeneration Act 1996, section 107 - Scheme For Construction Contracts (England and Wales) Regulations 1998, paragraph 8

Summary

Grovedeck referred disputes under two separate oral contracts in a single notice of intention to adjudicate. The adjudicator decided that payment was due in favour of Grovedeck, and Grovedeck applied for summary judgment to enforce that decision.

In relation to the contracts being oral, the judge concluded that they were therefore not contracts within the scope of the Act and that therefore the adjudicator lacked jurisdiction.

With regard to the notice of adjudication referring to disputes arising under two separate contracts, the judge concluded that if the Act had applied to the contracts, the Scheme would have applied and Grovedeck would have had no right to refer more than one dispute or more than one contract except with the consent of capital.

Therefore, the application for summary judgment was dismissed.