Henia Investments Inc v Beck Interiors Ltd

Henia Investments Inc v Beck Interiors Ltd

Application No 18 was not a valid Interim Payment Notice for the 29 May 2015 due date as it was ambiguous and did not clearly relate to that due date; the Employer’s Pay Less Notice was valid and could challenge the CA’s certification or any Interim Payment Notice; failure by the CA to decide an extension of time application does not prevent deduction of liquidated damages if other conditions precedent are met.

Parties
Claimant: Henia Investments Inc; Defendant: Beck Interiors Limited
Jurisdiction
England and Wales
Judgment Date
14 August 2015
Procedural Posture
Part 8 Proceedings (construction Dispute) / Judgment
Outcome
Declarations to be agreed; judgment for the Claimant on all three issues.
Legal Topics
Interim Payment Notices, Pay Less Notices, Liquidated Damages, Extension of Time, JCT Standard Building Contract, HGCRA Compliance
Construction Law Contract Law Interim Payment Notices Pay Less Notices Liquidated Damages Extension of Time JCT Standard Building Contract HGCRA Compliance

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Parties

Henia Investments Inc

Claimant

Beck Interiors Limited

Defendant

Procedural Posture

Part 8 Proceedings (construction Dispute) / Judgment

Legal Issues

  1. 1 Whether Contractor’s Application No 18 was a valid Interim Payment Notice for the 29 May 2015 due date
  2. 2 Whether Employer’s Pay Less Notice dated 17 June 2015 was valid
  3. 3 Whether failure by the Contract Administrator to decide an extension of time application invalidates the Non-Completion Certificate or prevents deduction of liquidated damages

Ratio Decidendi

Application No 18 was not a valid Interim Payment Notice for the 29 May 2015 due date as it was ambiguous and did not clearly relate to that due date; the Employer’s Pay Less Notice was valid and could challenge the CA’s certification or any Interim Payment Notice; failure by the CA to decide an extension of time application does not prevent deduction of liquidated damages if other conditions precedent are met.

Court Disposition

Declarations to be agreed; judgment for the Claimant on all three issues.