Thameside Construction Company Ltd v Stevens & Anor [2013] EWHC 2071 (TCC) (17 July 2013)

Thameside Construction Company Ltd v Stevens & Anor [2013] EWHC 2071 (TCC) (17 July 2013)

The adjudicator's decision was a directive order for immediate payment of a specified sum, expressly allowing nothing for liquidated damages and not permitting any further set-off. The defendants' attempt to set off liquidated damages was not supported by the decision or the contract, and the adjudicator's reasoning and order required payment without set-off. The defendants must pay the outstanding sum as ordered by the adjudicator.

Citation
[2013] EWHC 2071 (TCC)
Parties
Claimant: Thameside Construction Company Limited; Defendant: Mr J Stevens; Defendant: Mrs J L Stevens
Jurisdiction
England and Wales
Judgment Date
17 July 2013
Procedural Posture
Adjudication Enforcement / Judgment After Hearing on Enforcement of Adjudicator's Decision
Outcome
Judgment for the claimant
Legal Topics
Adjudication Enforcement, Set Off Rights, Liquidated Damages, Construction Contracts, Withholding Notices
Construction Law Contract Law Adjudication Enforcement Set Off Rights Liquidated Damages Construction Contracts Withholding Notices

Case Brief

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Parties

Thameside Construction Company Limited

Claimant

Mr J Stevens

Defendant

Mrs J L Stevens

Defendant

Procedural Posture

Adjudication Enforcement / Judgment After Hearing on Enforcement of Adjudicator's Decision

Legal Issues

  1. 1 Whether the defendants were entitled to set off a liquidated damages claim against the sum ordered by the adjudicator
  2. 2 Whether the adjudicator's decision permitted or anticipated set-off or withholding
  3. 3 Proper construction of the adjudicator's decision in the context of the contract and statutory scheme

Ratio Decidendi

The adjudicator's decision was a directive order for immediate payment of a specified sum, expressly allowing nothing for liquidated damages and not permitting any further set-off. The defendants' attempt to set off liquidated damages was not supported by the decision or the contract, and the adjudicator's reasoning and order required payment without set-off. The defendants must pay the outstanding sum as ordered by the adjudicator.

Court Disposition

Judgment for the claimant

Orders

  • Defendants to pay the claimant £40,000 plus VAT
  • Defendants to pay interest in the sum of £328.76