Bellis v Sky House Construction Ltd [2023] EWHC 1473 (TCC) (23 June 2023)

Bellis v Sky House Construction Ltd [2023] EWHC 1473 (TCC) (23 June 2023)

The contract required seven clear days to elapse after service of the warning notice before a termination notice could be served; the claimant served the termination notice prematurely, rendering the purported termination invalid and unlawful.

Citation
[2023] EWHC 1473 (TCC)
Parties
Claimant: Andrew Bellis; Defendant: Sky House Construction Ltd
Jurisdiction
England and Wales
Judgment Date
23 June 2023
Procedural Posture
Part 8 Claim / Judgment After Hearing
Outcome
Claim dismissed
Legal Topics
Adjudication Enforcement, Termination of Contract, Calculation of Time Periods, Relief From Sanctions
Construction Law Contract Law Civil Procedure Adjudication Enforcement Termination of Contract Calculation of Time Periods Relief From Sanctions

Case Brief

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Parties

Andrew Bellis

Claimant

Sky House Construction Ltd

Defendant

Procedural Posture

Part 8 Claim / Judgment After Hearing

Legal Issues

  1. 1 Whether the claimant lawfully terminated the contract under clause 6.4 of the JCT Minor Works Building Contract 2016
  2. 2 Whether the adjudicator erred in finding the termination notice was served prematurely
  3. 3 Whether the period for service of a termination notice is calculated as seven clear days under clause 1.4

Ratio Decidendi

The contract required seven clear days to elapse after service of the warning notice before a termination notice could be served; the claimant served the termination notice prematurely, rendering the purported termination invalid and unlawful.

Court Disposition

Claim dismissed

Orders

  • The claim is dismissed.