Hart v Smith and another [2009] EWHC 2223 (TCC)
The Technology and Construction Court has reviewed the principles regarding enforcement of adjudicators’ decisions under the Housing Grants Construction and Regeneration Act 1996 (HGR 1996).
Stuart Kennedy (instructed by Michelmores LLP) for the claimant. Patrick Clarke (instructed by Ashfords LLP) for the defendants.
In March 2006 the parties entered into a contract for the conversion of three barns into four dwelling houses. The contract was on the JCT Standard Building Contract with Quantities 2005 edition, and was therefore an agreement within ss 107(2) and (4) of HGR 1996. Section 108 gave the parties a right to refer any dispute to adjudication.
Two separate adjudications took place.
The first, in May 2009, resulted in an award in favour of the claimant regarding unpaid costs.
A second dispute was referred to adjudication in June by the defendants. The defendants alleged that the claimant had failed to complete the works by the due dates and that accordingly the defendant was entitled to a certificate of non-completion and to deduct/or be paid liquidated
