Westfields Construction Ltd v Lewis

Westfields Construction Ltd v Lewis

The defendant did not intend to occupy the property as his residence at the time of the contract, nor did he occupy it as such; his intention was to let the property commercially. Therefore, the s.106 exception did not apply, the adjudicator had jurisdiction, and the claimant is entitled to enforce the adjudicator's decision.

Parties
Claimant: Westfields Construction Limited; Defendant: Clive Lewis
Jurisdiction
England and Wales
Judgment Date
27 February 2013
Procedural Posture
Construction Adjudication Enforcement / Judgment on Application to Enforce Adjudicator's Decision
Outcome
Application granted; summary judgment for claimant
Legal Topics
Adjudication Enforcement, Jurisdictional Challenge, Residential Occupier Exception, Section 106 Housing Grants (construction and Regeneration) Act 1996
Construction Law Civil Procedure Adjudication Enforcement Jurisdictional Challenge Residential Occupier Exception Section 106 Housing Grants (construction and Regeneration) Act 1996

Case Brief

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Parties

Westfields Construction Limited

Claimant

Clive Lewis

Defendant

Procedural Posture

Construction Adjudication Enforcement / Judgment on Application to Enforce Adjudicator's Decision

Legal Issues

  1. 1 Whether the defendant was a residential occupier under s.106 of the Housing Grants (Construction and Regeneration) Act 1996
  2. 2 Whether the adjudicator had jurisdiction to decide the dispute
  3. 3 Whether the contract was principally for works to a dwelling occupied or intended to be occupied by the defendant as his residence

Ratio Decidendi

The defendant did not intend to occupy the property as his residence at the time of the contract, nor did he occupy it as such; his intention was to let the property commercially. Therefore, the s.106 exception did not apply, the adjudicator had jurisdiction, and the claimant is entitled to enforce the adjudicator's decision.

Court Disposition

Application granted; summary judgment for claimant

Orders

  • Defendant to pay claimant £17,393.91 plus interest as determined by the adjudicator