Cases - Shepherd Construction Ltd v Mecright Ltd
Record details
- Name
- Shepherd Construction Ltd v Mecright Ltd
- Date
- [2000]
- Citation
- BLR 489
- Legislation
- Keywords
- Construction contracts - adjudication - adjudicator's jurisdiction - settlement agreement - validity - economic duress - dispute under a construction contract- whether a dispute as to the terms of a settlement agreement was a dispute under a construction contract - whether a duress claim was a dispute capable of being referred to adjudication - Housing Grants, Construction and Regeneration Act 1996
- Summary
-
The parties were parties to a construction contract under which a dispute had arisen. The parties had settled their dispute pursuant to a settlement agreement. However, Mecright sought subsequently to adjudicate on the dispute, arguing that it had only entered into the settlement agreement under duress.
Shepherd Construction sought a declaration from the court that the settlement agreement meant that there was no dispute arising under the subcontract capable of being referred to adjudication; and further, that that duress claim was not a dispute capable of being referred to adjudication.
The court decided in favour of Shepherd, giving both declarations sought. The court decided that a dispute as to the terms of the settlement agreement was not a dispute arising under a construction contract.