Mooney v Henry Boot Construction Ltd
Citation: 12 Const LJ 37 (TCC)
Nature of case:
Mooney was drainage sub-contractor to Boot, the main contractor on a flue gas desulphurisation project for Powergen. The sub-contract was based on the FCEC Blue Form. Following settlement of a dispute between Boot and Powergen, of which Mooney was not informed, Mooney prepared and submitted a final account, also requesting certain information. No agreement could be reached and the dispute was submitted to an arbitrator. Boot challenged the arbitrator’s award and sought to have him removed.
The court found that the facts established that Boot was in breach of its obligations under the sub-contract in refusing to provide information to Mooney as to why his applications and valuations were rejected. The contractor was, however, entitled to keep sums which had been paid in the main contract settlement without passing on the benefit to the sub-contractor. The arbitrator had exceeded his jurisdiction in not giving Boot the opportunity to challenge his assessment. In the circumstances the arbitrator would be ordered to be removed.
