Kilker Projects Ltd v Purton (trading as Richwood Interiors) – WLR Daily

Posted October 31st, 2016 in construction industry, contracts, news, repayment, service by sally

Kilker Projects Ltd v Purton (trading as Richwood Interiors) [2016] EWHC 2616 (TCC)

‘The parties entered into an oral construction contract, to which the Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011 applied. Following completion of the works, a dispute arose as to the sums due in respect of the final account. In a first adjudication, the adjudicator, having held that no valid “payment notice” or “pay less notice” had been served by the employer, ordered it to pay the “notified sum”, as defined by section 111 of the Housing Grants, Construction and Regeneration Act 1996, in respect of the contractor’s final account application. The employer subsequently paid the judgment sum. In a second adjudication, the adjudicator determined the true value of the final account for the works and directed the contractor to repay the employer a sum found to have been overpaid. On the employer’s application to enforce that decision, the contractor contended that adjudicator had not had jurisdiction to determine the dispute because it had been decided in the earlier adjudication.’

WLR Daily, 22nd September 2016