Windglass Windows Ltd v Capital Skyline Construction Ltd & Anor [2009] EWHC 2022 (TCC) (14 July 2009)

Windglass Windows Ltd v Capital Skyline Construction Ltd & Anor [2009] EWHC 2022 (TCC) (14 July 2009)

Capital Skyline Construction Ltd failed to issue effective withholding notices as required by statute and the Scheme for Construction Contracts; therefore, the adjudicator's decision is enforceable and Windglass is entitled to summary judgment for the adjudicated sum. The absence of a valid withholding notice is fatal to Capital's cross-claim. The claim against LCGH as guarantor is adjourned for further directions and possible trial.

Citation
[2009] EWHC 2022 (TCC)
Parties
Claimant: Windglass Windows Ltd; 1st Defendant: Capital Skyline Construction Ltd; 2nd Defendant: London and City Group Holdings Ltd
Jurisdiction
England and Wales
Judgment Date
14 July 2009
Procedural Posture
Summary Judgment Application and Directions Hearing / Post Adjudication Enforcement and Directions
Outcome
Summary judgment for the claimant against the 1st defendant; claim against 2nd defendant adjourned with directions.
Legal Topics
Adjudication Enforcement, Withholding Notices, Guarantee and Indemnity, Summary Judgment, Statutory Payment Scheme
Construction Law Contract Law Civil Procedure Adjudication Enforcement Withholding Notices Guarantee and Indemnity Summary Judgment Statutory Payment Scheme

Case Brief

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Parties

Windglass Windows Ltd

Claimant

Capital Skyline Construction Ltd

1st Defendant

London and City Group Holdings Ltd

2nd Defendant

Procedural Posture

Summary Judgment Application and Directions Hearing / Post Adjudication Enforcement and Directions

Legal Issues

  1. 1 Whether the adjudicator's decision should be enforced against Capital Skyline Construction Ltd
  2. 2 Whether purported withholding notices were effective under the Housing Grants Construction and Regeneration Act 1996
  3. 3 Whether summary judgment should be granted against Capital Skyline Construction Ltd

Ratio Decidendi

Capital Skyline Construction Ltd failed to issue effective withholding notices as required by statute and the Scheme for Construction Contracts; therefore, the adjudicator's decision is enforceable and Windglass is entitled to summary judgment for the adjudicated sum. The absence of a valid withholding notice is fatal to Capital's cross-claim. The claim against LCGH as guarantor is adjourned for further directions and possible trial.

Court Disposition

Summary judgment for the claimant against the 1st defendant; claim against 2nd defendant adjourned with directions.

Orders

  • Judgment for the claimant against Capital Skyline Construction Ltd in the sum of £185,033.81 inclusive of VAT and interest to date, plus interest at £40.19 per day until payment.
  • Capital Skyline Construction Ltd to pay claimant's costs summarily assessed at £5,000 exclusive of VAT.