Rohan Construction Ltd v Antigen Ltd

• Jurisdiction: Ireland
• Judgment Date: 01 January 1989
• Date: 01 January 1989
• Court: High Court

(H.C.)

Rohan Construction Ltd

and

Antigen Ltd

Summary judgment -RIAI standard form building contract - Stay dependent upon entitlement to set-off - Whether provisions of contract inconsistent with right of set-off - Entitlement to set off - Arbitration Act, 1980 (No. 7), s. 5 - Rules of the Superior Courts, 1986 (S.I. No. 15), O. 42, r. 17.

The plaintiff, a building contractor, had contracted to perform certain works for the defendant. The contract was in the ordinary standard form of the Royal Institute of Architects of Ireland (RIAI), 1977 edition, which contained a clause providing for arbitration in the event of a dispute. The plaintiffs applied for summary judgment in the sum of £191,116.34, on foot of an architect's certificate. The defendant by motion sought to stay the proceedings pending arbitration, alleging that defective work by the plaintiffs had caused damage, and claiming a right of set off of any sums found due on foot of arbitration: alternatively, the defendant sought a stay pursuant to O. 42, r. 17, RSC, 1986. Held by Costello J. in awarding judgment to the plaintiffs with a stay pending appeal, 1, on a true construction of the RIAI contract, payment must be made to the plaintiff irrespective of the claim for damages by the defendant, and the provisions of the contract are therefore inconsistent with a right of set off...