Cases - Bickerton Construction Ltd v Temple Windows Ltd

Record details

Name
Bickerton Construction Ltd v Temple Windows Ltd
Date
(2001); [2001]
Citation
BM 1500 27
Legislation
Keywords
Construction contracts - adjudication - adjudicator's decision - jurisdiction - referral notice - whether adjudicator had jurisdiction to calculate sum of money payable or to be paid on final account - whether decision enforceable
Summary

Bickerton were a main contractor, Temple a subcontractor. Bickerton determined the employment of Temple allegedly due to poor quality of installation and then claimed additional costs associated with completing and carrying out remedial works. Temple failed to pay the claims and Bickerton sought to refer the matter to adjudication.

The adjudicator decided how much could be withheld by Bickerton but went on to deduct this sum from the total sum which he had calculated was the total sum due and concluded that there was a net sum due to Bickerton. Temple asserted that the adjudicator had exceeded his jurisdiction in this latter part of his decision as the parties had not agreed to give the adjudicator jurisdiction to deal with the final account between the parties.

The judge concluded that the adjudicator did not have the right to determine the gross valuation figure from which to deduct payments already made and sums that Bickerton were entitled to withhold. Accordingly, the adjudicator did not have jurisdiction to calculate that a sum of money was actually payable to Bickerton, nor to order that such sum be paid.