Octoesse LLP v Trak Special Projects Ltd

Octoesse LLP v Trak Special Projects Ltd

Octoesse was not entitled to deduct liquidated damages because, following the extension of time, the previous certificate of non-completion was cancelled and no further certificate was issued, thus the condition precedent in clause 2.23.1.1 was not satisfied. The adjudicator's award was enforceable. Claims consultants' costs assisting a litigant in person are recoverable as disbursements in adjudication enforcement proceedings, provided they are for work not normally done by solicitors and are reasonable.

Parties
Claimant: Octoesse LLP; Defendant: Trak Special Projects Limited
Jurisdiction
England and Wales
Judgment Date
15 December 2016
Procedural Posture
Civil (construction/contract) / Judgment After Part 8 Proceedings and Costs Assessment
Outcome
Judgment for the Defendant (Trak); Claimant's declarations refused; Adjudicator's award enforced; Costs summarily assessed.
Legal Topics
Adjudication Enforcement, Liquidated Damages, Litigant in Person Costs, Recoverability of Consultants' Costs
Construction Law Contract Law Civil Procedure Adjudication Enforcement Liquidated Damages Litigant in Person Costs Recoverability of Consultants' Costs

Case Brief

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Parties

Octoesse LLP

Claimant

Trak Special Projects Limited

Defendant

Procedural Posture

Civil (construction/contract) / Judgment After Part 8 Proceedings and Costs Assessment

Legal Issues

  1. 1 Whether the employer was entitled to deduct liquidated damages under the contract
  2. 2 Whether the pay less notice was valid
  3. 3 Whether the adjudicator's award was enforceable

Ratio Decidendi

Octoesse was not entitled to deduct liquidated damages because, following the extension of time, the previous certificate of non-completion was cancelled and no further certificate was issued, thus the condition precedent in clause 2.23.1.1 was not satisfied. The adjudicator's award was enforceable. Claims consultants' costs assisting a litigant in person are recoverable as disbursements in adjudication enforcement proceedings, provided they are for work not normally done by solicitors and are reasonable.

Court Disposition

Judgment for the Defendant (Trak); Claimant's declarations refused; Adjudicator's award enforced; Costs summarily assessed.

Orders

  • Payment of sums awarded by the adjudicator to Trak
  • Claimant's application for declarations refused