Lewisham Homes Ltd v Breyer Group Plc [2021] EWHC 1290 (TCC) (14 April 2021)

Lewisham Homes Ltd v Breyer Group Plc [2021] EWHC 1290 (TCC) (14 April 2021)

The dispute in the sixth adjudication was not the same or substantially the same as that in the second adjudication; the prior adjudicator had not decided the sufficiency of remedial schemes or quantum for replacement costs. The adjudicator had jurisdiction to decide the dispute. Breyer's application for time to pay was rejected as no exceptional circumstances were established.

Citation
[2021] EWHC 1290 (TCC)
Parties
Claimant: Lewisham Homes Ltd; Defendant: Breyer Group PLC
Jurisdiction
England and Wales
Judgment Date
14 April 2021
Procedural Posture
Summary Judgment Application (adjudication Enforcement) / Judgment
Outcome
Summary judgment granted for Lewisham Homes Ltd; application for time to pay refused.
Legal Topics
Adjudication Enforcement, Jurisdiction of Adjudicator, Remedial Works, Damages, Payment Terms
Construction Law Contract Law Adjudication Enforcement Jurisdiction of Adjudicator Remedial Works Damages Payment Terms

Case Brief

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Parties

Lewisham Homes Ltd

Claimant

Breyer Group PLC

Defendant

Procedural Posture

Summary Judgment Application (adjudication Enforcement) / Judgment

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction to decide the dispute referred in the sixth adjudication given the prior decision
  2. 2 Whether the dispute in the sixth adjudication was the same or substantially the same as that in the second adjudication
  3. 3 Whether Breyer is entitled to time to pay the judgment sum

Ratio Decidendi

The dispute in the sixth adjudication was not the same or substantially the same as that in the second adjudication; the prior adjudicator had not decided the sufficiency of remedial schemes or quantum for replacement costs. The adjudicator had jurisdiction to decide the dispute. Breyer's application for time to pay was rejected as no exceptional circumstances were established.

Court Disposition

Summary judgment granted for Lewisham Homes Ltd; application for time to pay refused.

Orders

  • Breyer Group PLC to pay Lewisham Homes Ltd £2,728,982.28 plus VAT within 14 days
  • Immediate enforcement of adjudicator's decision