CC Construction Ltd v Mincione [2021] EWHC 2502 (TCC) (15 September 2021)

CC Construction Ltd v Mincione [2021] EWHC 2502 (TCC) (15 September 2021)

The due date for final payment was not 13 February 2021, as the purported Notice of Completion of Making Good of 13 January 2021 was not valid under clause 2.36 due to absence of defects schedule or instructions under clause 2.35. Therefore, clause 4.12.5.2 did not apply, and the due date was one month from receipt of the Final Statement, i.e., 4 January 2021. The Employer's letter of 18 December 2020 was ineffective to prevent conclusivity of the Final Statement. The adjudicator had jurisdiction to determine conclusivity, and there was no material breach of natural justice regarding liquidated damages set-off. The adjudication decision is enforceable.

Citation
[2021] EWHC 2502 (TCC)
Parties
Claimant/part 8 Defendant: CC Construction Limited; Defendant/part 8 Claimant: Raffaele Mincione
Jurisdiction
England and Wales
Judgment Date
15 September 2021
Procedural Posture
Construction Contract Enforcement and Declaratory Relief / Judgment After Remote Hearing on Summary Judgment and Part 8 Claim
Outcome
Employer's claim for declaration as to due date dismissed; Contractor's claim for summary judgment granted; adjudication decision enforced.
Legal Topics
JCT Design and Build Contract Interpretation, Final Statement Conclusivity, Adjudication Enforcement, Liquidated Damages, Consumer Rights Act 2015
Construction Law Contract Law Civil Procedure JCT Design and Build Contract Interpretation Final Statement Conclusivity Adjudication Enforcement Liquidated Damages Consumer Rights Act 2015

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

CC Construction Limited

Claimant/part 8 Defendant

Raffaele Mincione

Defendant/part 8 Claimant

Procedural Posture

Construction Contract Enforcement and Declaratory Relief / Judgment After Remote Hearing on Summary Judgment and Part 8 Claim

Legal Issues

  1. 1 What is the correct due date for final payment under the contract?
  2. 2 Was the Employer's letter effective to prevent the Final Statement becoming conclusive?
  3. 3 Did the adjudicator have jurisdiction to determine conclusivity?

Ratio Decidendi

The due date for final payment was not 13 February 2021, as the purported Notice of Completion of Making Good of 13 January 2021 was not valid under clause 2.36 due to absence of defects schedule or instructions under clause 2.35. Therefore, clause 4.12.5.2 did not apply, and the due date was one month from receipt of the Final Statement, i.e., 4 January 2021. The Employer's letter of 18 December 2020 was ineffective to prevent conclusivity of the Final Statement. The adjudicator had jurisdiction to determine conclusivity, and there was no material breach of natural justice regarding liquidated damages set-off. The adjudication decision is enforceable.

Court Disposition

Employer's claim for declaration as to due date dismissed; Contractor's claim for summary judgment granted; adjudication decision enforced.

Orders

  • No declaration granted as to due date sought by Employer.
  • Summary judgment for Contractor for payment of £479,957.80 net of VAT.