Adam Architecture Ltd v Halsbury Homes Ltd [2017] EWCA Civ 1735 (02 November 2017)

Adam Architecture Ltd v Halsbury Homes Ltd [2017] EWCA Civ 1735 (02 November 2017)

Section 111 of the 1996 Act applies to both interim and final/termination accounts. In the absence of a pay less notice, Adam was entitled to payment of its invoices. Adam did not accept any repudiatory breach but claimed for work done under the contract, so the statutory payment regime applied and summary judgment should be granted in Adam's favour.

Citation
[2017] EWCA Civ 1735
Parties
Claimant / Appellant: Adam Architecture Limited; Defendant / Respondent: Halsbury Homes Limited
Jurisdiction
England and Wales
Judgment Date
02 November 2017
Procedural Posture
Appeal From Technology & Construction Court (queen's Bench Division) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Statutory Payment Regime, Pay Less Notice, Repudiation of Contract, Final Account, Termination Account, Adjudication Enforcement
Construction Law Contract Law Statutory Payment Regime Pay Less Notice Repudiation of Contract Final Account Termination Account Adjudication Enforcement

Case Brief

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Parties

Adam Architecture Limited

Claimant / Appellant

Halsbury Homes Limited

Defendant / Respondent

Procedural Posture

Appeal From Technology & Construction Court (queen's Bench Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Does section 111 of the Housing Grants, Construction and Regeneration Act 1996 apply to final and termination accounts as well as interim payments?
  2. 2 Was there a repudiatory breach of contract by Halsbury?
  3. 3 Was Adam entitled to payment in the absence of a pay less notice?

Ratio Decidendi

Section 111 of the 1996 Act applies to both interim and final/termination accounts. In the absence of a pay less notice, Adam was entitled to payment of its invoices. Adam did not accept any repudiatory breach but claimed for work done under the contract, so the statutory payment regime applied and summary judgment should be granted in Adam's favour.

Court Disposition

Appeal allowed

Orders

  • Halsbury's Part 8 proceedings dismissed
  • Summary judgment granted in favour of Adam in the Part 7 proceedings