Andrew Bellis v Sky House Construction Ltd

Andrew Bellis v Sky House Construction Ltd

The adjudicator was correct in finding that the claimant's termination notice was served prematurely and was therefore invalid. Clause 1.4 applied to the calculation of the seven-day period under clause 6.4.2, requiring seven clear days to elapse after service of the warning notice before a termination notice could be served. The earliest lawful date for service was 9 September 2021, not 8 September 2021.

Parties
Claimant: Andrew Bellis; Defendant: Sky House Construction Ltd
Jurisdiction
England and Wales
Judgment Date
11 September 2024
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 Adjudication Enforcement Termination of Contract Calculation of Time Periods Relief From Sanctions

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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 adjudicator erred in finding the claimant wrongfully terminated the contract by serving a notice of termination prematurely
  2. 2 Whether the period for service of a termination notice under clause 6.4.2 of the JCT Minor Works Building Contract 2016 was correctly calculated

Ratio Decidendi

The adjudicator was correct in finding that the claimant's termination notice was served prematurely and was therefore invalid. Clause 1.4 applied to the calculation of the seven-day period under clause 6.4.2, requiring seven clear days to elapse after service of the warning notice before a termination notice could be served. The earliest lawful date for service was 9 September 2021, not 8 September 2021.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed
  • Defendant granted relief from sanctions and permitted to rely on its witness statement and participate in the hearing