The claimant, Galliford Try Construction Limited, was the contractor for the redevelopment of the Wellesley Hotel in Wellington Road, Leeds, into residential apartments. Michael Heal Associates Limited provided pre-tender structural engineering services to the original developer. The development was completed on a design-and-build basis, and the appointment of Michael Heal Associates was transferred by novation to Galliford. An adjudicator's decision dated 14 October 2002 decided that Michael Heal was negligent and should pay the sum of £722,586 to Galliford. Michael Heal was in voluntary liquidation by the date of the judgment. Michael Heal resisted enforcement on the following grounds:
A number of questions arose, namely, whether:
  • A construction contract had been concluded in respect of the post-tender services
  • The contract was in writing
  • There had been a without reservation submission to adjudication
  • Heal was estopped by representation or convention from denying that the adjudicator had jurisdiction; and
  • There was any significance in Galliford changing its position with regard to the basis of the contract.