Source: All England Reporter
Publisher Citation: [2009] All ER (D) 119 (Oct)
Neutral Citation: [2009] EWHC 2108 (TCC)
Court: Queen's Bench Division, Technology and Construction Court

Akenhead J

Representation Alexander Hickey (instructed by Fenwick Elliot) for the claimant.
  Paul Stafford (instructed by Blakemores, Birmingham) for the defendant.
Judgment Dates: 12 August 2009


Building contract - Sub-contractors - Liability for loss or damage - Claimant holding company for group of companies owned and run by X - X acquiring premises for substantial fitting out works - H employed by X to complete the fitting out works - H sub-contracting sizeable part to defendant company - X outlining problems and indicating loss in faith with H - No written contract concluded between parties - Disputes arising as to quality of work - Adjudication taking place and finding contract between claimant and defendant - Claimant issuing proceedings - Whether adjudicator in error - Housing Grants and Regeneration Act 1996, s 107.

The Case

Building contract Sub-contractors. The Queen's Bench Division, Technology and Construction Court held that the adjudicator had been correct to say that there was a contract, however, the issue of whether the contract had been between the claimant and defendant could not be decided in the instant proceedings, therefore, leave to defend against the adjudicator's decision, would be granted to the claimant on that issue.

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