Thameside Construction Company Ltd v Stevens & Anor

Thameside Construction Company Ltd v Stevens & Anor

The adjudicator's decision directed immediate payment of a specified sum and did not permit set-off or withholding for liquidated damages; the adjudicator left over the issue of liquidated damages to another day, but this was part of the dispute referred and should have been resolved. The adjudicator's order for payment is binding and not subject to set-off, and Mr and Mrs Stevens must pay the balance due.

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
Outcome
Judgment for the claimant
Legal Topics
Adjudication Enforcement, Set Off Rights, Liquidated Damages, Interim Certificates, Final Account Determination
Construction Law Contract Law Adjudication Enforcement Set Off Rights Liquidated Damages Interim Certificates Final Account Determination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Thameside Construction Company Limited

Claimant

Mr J Stevens

Defendant

Mrs J L Stevens

Defendant

Procedural Posture

Adjudication Enforcement / Judgment

Legal Issues

  1. 1 Whether a party against whom an adjudicator has decided may set off against the sum said by the adjudicator to be due and avoid or defer payment
  2. 2 Whether the adjudicator's decision permits set-off or withholding for liquidated damages
  3. 3 Proper interpretation of adjudicator's decision in context of contractual payment mechanisms

Ratio Decidendi

The adjudicator's decision directed immediate payment of a specified sum and did not permit set-off or withholding for liquidated damages; the adjudicator left over the issue of liquidated damages to another day, but this was part of the dispute referred and should have been resolved. The adjudicator's order for payment is binding and not subject to set-off, and Mr and Mrs Stevens must pay the balance due.

Court Disposition

Judgment for the claimant

Orders

  • Mr and Mrs Stevens to pay Thameside £40,000 plus VAT plus interest of £328.76
  • Mr and Mrs Stevens to pay Thameside’s costs at £11,000