Caledonian Modular Ltd v Mar City Developments Ltd [2015] EWHC 1855 (TCC) (29 June 2015)

Caledonian Modular Ltd v Mar City Developments Ltd [2015] EWHC 1855 (TCC) (29 June 2015)

The documents sent by the claimant on 13 February 2015 did not constitute a valid application for interim payment or payee's notice under the statutory scheme, as they lacked clarity, were not expressly stated to be a new application, and were not treated as such by either party at the time. Therefore, the adjudicator's decision in adjudication 2 was wrong and is not enforceable.

Citation
[2015] EWHC 1855 (TCC)
Parties
Claimant: Caledonian Modular Ltd; Defendant: Mar City Developments Ltd
Jurisdiction
England and Wales
Judgment Date
29 June 2015
Procedural Posture
Enforcement of Adjudication Decision / Judgment After Hearing
Outcome
Claim for enforcement of adjudication 2 dismissed; declaration granted.
Legal Topics
Adjudication Enforcement, Payment Notices, Payless Notices, Scheme for Construction Contracts, Housing Grants Act
Construction Law Contract Law Adjudication Enforcement Payment Notices Payless Notices Scheme for Construction Contracts Housing Grants Act

Case Brief

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Parties

Caledonian Modular Ltd

Claimant

Mar City Developments Ltd

Defendant

Procedural Posture

Enforcement of Adjudication Decision / Judgment After Hearing

Legal Issues

  1. 1 Whether documents sent on 13 February 2015 constituted a valid application for interim payment or payee's notice under the Housing Grants (Construction and Regeneration) Act 1996 and the Scheme for Construction Contracts
  2. 2 Whether the adjudicator's decision in adjudication 2 should be enforced

Ratio Decidendi

The documents sent by the claimant on 13 February 2015 did not constitute a valid application for interim payment or payee's notice under the statutory scheme, as they lacked clarity, were not expressly stated to be a new application, and were not treated as such by either party at the time. Therefore, the adjudicator's decision in adjudication 2 was wrong and is not enforceable.

Court Disposition

Claim for enforcement of adjudication 2 dismissed; declaration granted.

Orders

  • Declaration that the documents of 13 February 2015 were not a valid application for interim payment or payee's notice.
  • Declaration that the adjudicator's decision in adjudication 2 is not enforceable and no sums are due in consequence.