Dacy Building Services Ltd v IDM Properties LLP

Adjudication – Summary judgment. The Technology and Construction Court dismissed the claimant's application for summary judgment to enforce an adjudicator's award in its favour concerning payment for work, which the claimant contended it had carried out as a sub-contractor, under the terms of an oral contract. The defendant had opposed enforcement on the grounds that the adjudicator had lacked jurisdiction and that no oral contract had been made as alleged. The court held that the mere agreement by a party to the nomination of an adjudicator did not have that effect that it would be then too late for that party to challenge that adjudicator's jurisdiction. Further, the court held that, on the facts, it was not clear who the claimant had contracted with, if anyone and that the case could not be resolved on a summary basis.

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