M Davenport Builders Ltd v Greer & Anor

M Davenport Builders Ltd v Greer & Anor

A defendant subject to an immediate obligation to pay under an adjudicator's decision based on failure to serve a Payment Notice or Pay Less Notice must discharge that obligation before relying on a subsequent 'true value' adjudication; summary judgment is granted to enforce the original adjudication decision.

Parties
Claimant: M Davenport Builders Limited; First Defendant: Mr Colin Greer; Second Defendant: Mrs Julia Greer
Jurisdiction
England and Wales
Judgment Date
20 February 2019
Procedural Posture
Application to Enforce Adjudication Decision / Summary Judgment
Outcome
Summary judgment for the Claimant to enforce the adjudication decision.
Legal Topics
Adjudication Enforcement, Payment Obligations, Set Off and Counterclaim, Scheme for Construction Contracts, Housing Grants, Construction and Regeneration Act 1996
Construction Law Contract Law Adjudication Enforcement Payment Obligations Set Off and Counterclaim Scheme for Construction Contracts Housing Grants, Construction and Regeneration Act 1996

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Parties

M Davenport Builders Limited

Claimant

Mr Colin Greer

First Defendant

Mrs Julia Greer

Second Defendant

Procedural Posture

Application to Enforce Adjudication Decision / Summary Judgment

Legal Issues

  1. 1 Whether a defendant can rely on a 'true value' adjudication as a defence to enforcement of an earlier adjudication decision without first paying the sum ordered by the earlier adjudicator
  2. 2 Whether policy and statutory provisions require payment before commencing or relying on a subsequent adjudication

Ratio Decidendi

A defendant subject to an immediate obligation to pay under an adjudicator's decision based on failure to serve a Payment Notice or Pay Less Notice must discharge that obligation before relying on a subsequent 'true value' adjudication; summary judgment is granted to enforce the original adjudication decision.

Court Disposition

Summary judgment for the Claimant to enforce the adjudication decision.

Orders

  • Defendant to pay Claimant £106,160.84 plus interest.
  • Defendant to pay Claimant's costs of proceedings, to be assessed if not agreed.