BEREM INTERIORS PTY LTD V SHAYA CONSTRUCTIONS (NSW) PTY LTD [2007]
Supreme Court of New South Wales – South Wales 21 November 2007
FACTS
Berem Constructions Pty Limited (“Berem”) issued an Invitation to Tender to Shaya Constructions (NSW) Pty Limited (“Shaya”) for the supply, delivery and installation of suspended ceilings, partitions and lining works in respect of the alterations and additions to an existing industrial building to facilitate the construction of 14 retail tenancies, commercial suites and some residential apartments.
Berem Constructions Pty Limited had been awarded the tender for the Alterations and Additions to the existing industrial building. The scope of works listed within the Invitation to Tender was signed by the Berem Constructions Project Manager. Shaya commenced work on the site and sent monthly progress claims to “Berem Interiors”.
Once Shaya had left the site it served a payment claim on Berem Interiors Pty Ltd which remained unpaid. Shaya then referred the matter to adjudication.
ISSUES
Whether the misdescription of a contracting party may void a determination by an Adjudicator.
Whether the existence of a construction contract is an essential prerequisite for the exercise of an Adjudicator’s jurisdiction.
FINDING
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