R J Knapman Ltd. v Richards & Ors

R J Knapman Ltd. v Richards & Ors

The adjudicator’s decision did not amount to a comprehensive determination of all delay issues or entitlement to further liquidated damages, nor did it operate as a clause 2.6 certificate under the contract. Therefore, the defendants are not entitled to set-off further liquidated damages against the adjudicator’s award, and the claimant is entitled to enforce the monetary award notwithstanding any ongoing disputes about other aspects of the adjudicator’s decision.

Parties
Claimant: R J Knapman Limited; Defendants: Richards and Others
Jurisdiction
England and Wales
Judgment Date
12 October 2006
Procedural Posture
Construction Contract Enforcement / Judgment on Application to Enforce Adjudicator's Decision
Outcome
Judgment for the claimant
Legal Topics
Adjudication Enforcement, Liquidated Damages, Set Off, Extensions of Time, Appropriation and Reprobation
Construction Law Contract Law Adjudication Enforcement Liquidated Damages Set Off Extensions of Time Appropriation and Reprobation

Case Brief

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Parties

R J Knapman Limited

Claimant

Richards and Others

Defendants

Procedural Posture

Construction Contract Enforcement / Judgment on Application to Enforce Adjudicator's Decision

Legal Issues

  1. 1 Whether the claimant can enforce the monetary part of the adjudicator’s decision while disputing other parts
  2. 2 Whether the defendants are entitled to set-off further liquidated damages against the adjudicator’s award

Ratio Decidendi

The adjudicator’s decision did not amount to a comprehensive determination of all delay issues or entitlement to further liquidated damages, nor did it operate as a clause 2.6 certificate under the contract. Therefore, the defendants are not entitled to set-off further liquidated damages against the adjudicator’s award, and the claimant is entitled to enforce the monetary award notwithstanding any ongoing disputes about other aspects of the adjudicator’s decision.

Court Disposition

Judgment for the claimant

Orders

  • Judgment entered for the claimant in the sum of £19,339.93
  • Payment to be made within 14 days together with interest