Cases - Maymac Environmental Services Ltd v Faraday Building Services Ltd
Record details
- Name
- Maymac Environmental Services Ltd v Faraday Building Services Ltd
- Date
- (2000)
- Citation
- 75 Con LR 101
- Legislation
- Keywords
- Construction contracts - adjudication - adjudicator's jurisdiction - binding contract - agreement to adjudicate - enforcement proceedings - summary judgment - whether there was a binding construction contract - whether the parties were bound by the agreement to adjudicate - whether the adjudication award should be enforced by way of summary judgment - Housing Grants, Construction and Regeneration Act 1996
- Summary
-
Having been through an adjudication and having lost, Faraday sought to defend enforcement proceedings on the basis that there was no contract in writing for the purposes of the Housing Grants, Construction and Regeneration Act 1996. The court concluded that in fact there was overwhelming evidence that the parties had reached agreement on the terms on which they agreed to be bound and, as the contract progressed and further details were agreed, they also agreed to be bound by those further terms. There was thus a concluded contract.
Further, the court found that Faraday had in any event explicitly argued before the adjudicator that his jurisdiction was limited to Maymac's entitlement to payment under their application for payment number 2. They therefore accepted the adjudicator's jurisdiction to determine the dispute that Maymac had referred to the adjudicator and on which the adjudicator made his decision.