A & V Building Solution Limited v J & B Hopkins Limited

A & V Building Solution Limited v J & B Hopkins Limited

Adjudicator’s fees cannot be reallocated after final court determination unless specifically pleaded and contractually provided; only the Measured Works Claim attracts statutory interest under the 1998 Act, as contractual Clause 12 does not provide a substantial remedy; loss of profits and adjudicator’s fees do not...

Source-derived case information.

Parties
Claimant: A & V Building Solution Limited; Defendant: J & B Hopkins Limited
Jurisdiction
England and Wales
Judgment Date
09 June 2024
Procedural Posture
Civil / Post Merits Judgment; Determination of Adjudicators’ Fees and Interest
Outcome
Judgment for A & V in the sum of £17,400 for Mr Blizzard’s fees; no order for Mr Smith’s fees; interest awarded on Measured Works Claim at statutory rate; interest on loss of profits and adjudicator’s fees at 4% over base; interest due to J&BH on enforcement costs and Mr Smith’s fees as previously ordered.
Legal Topics
Adjudicator’s Fees, Interest on Judgment, Late Payment of Commercial Debts, Contractual Remedies, Substantial Remedy Under Late Payment Act
Construction Law Contract Law Adjudicator’s Fees Interest on Judgment Late Payment of Commercial Debts Contractual Remedies Substantial Remedy Under Late Payment Act

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Parties

A & V Building Solution Limited

Claimant

J & B Hopkins Limited

Defendant

Procedural Posture

Civil / Post Merits Judgment; Determination of Adjudicators’ Fees and Interest

Legal Issues

  1. 1 Whether adjudicator’s fees can be reallocated after final court determination
  2. 2 Whether statutory interest under Late Payment of Commercial Debts (Interest) Act 1998 applies or is ousted by contractual terms
  3. 3 Appropriate rate and period for interest on various awarded sums

Ratio Decidendi

Adjudicator’s fees cannot be reallocated after final court determination unless specifically pleaded and contractually provided; only the Measured Works Claim attracts statutory interest under the 1998 Act, as contractual Clause 12 does not provide a substantial remedy; loss of profits and adjudicator’s fees do not attract statutory interest; appropriate interest rates and periods are determined for each awarded sum based on statutory and contractual provisions.

Court Disposition

Judgment for A & V in the sum of £17,400 for Mr Blizzard’s fees; no order for Mr Smith’s fees; interest awarded on Measured Works Claim at statutory rate; interest on loss of profits and adjudicator’s fees at 4% over base; interest due to J&BH on enforcement costs and Mr Smith’s fees as previously ordered.

Orders

  • J&BH to pay A & V £17,400 for Mr Blizzard’s fees.
  • Interest on Measured Works Claim (£95,446.61) at statutory rate (8% over Bank of England base) from 5 May 2021.