HG Construction Ltd v Ashwell Homes (East Anglia) Ltd [electronic resource]
HG Construction Ltd v Ashwell Homes (East Anglia) Ltd [electronic resource]
- 2007
[2007] EWHC 144 (TCC), 1 February 2007. A dispute arose between the applicant contractor (H) and the respondent employer (A) regarding the validity and/or enforceability of the provisions in a contract as to liquidated and ascertained damages. The dispute was taken to four adjudications. The first adjudicator concluded that the provisions were valid and enforceable. Following a second invalid adjudication, H initiated a third adjudication to seek repayment of monies deducted as liquidated damages. The adjudicator found that H should be refunded. A submitted that it had not been up to the third adjudicator to decide that the contract provisions for deducting liquidated damages were not enforceable. H applied for summary judgment to enforce adjudication decision three. "Held": the basic argument raised in the third adjudication was substantially the same as that decided in the first adjudication, and therefore adjudication three was not binding.
HG CONSTRUCTION LTD V ASHWELL HOMES (EAST ANGLIA) LTD
QUIETFIELD LTD V VASCROFT CONTRACTORS LTD
England and Wales--1543-
[2007] EWHC 144 (TCC), 1 February 2007. A dispute arose between the applicant contractor (H) and the respondent employer (A) regarding the validity and/or enforceability of the provisions in a contract as to liquidated and ascertained damages. The dispute was taken to four adjudications. The first adjudicator concluded that the provisions were valid and enforceable. Following a second invalid adjudication, H initiated a third adjudication to seek repayment of monies deducted as liquidated damages. The adjudicator found that H should be refunded. A submitted that it had not been up to the third adjudicator to decide that the contract provisions for deducting liquidated damages were not enforceable. H applied for summary judgment to enforce adjudication decision three. "Held": the basic argument raised in the third adjudication was substantially the same as that decided in the first adjudication, and therefore adjudication three was not binding.
HG CONSTRUCTION LTD V ASHWELL HOMES (EAST ANGLIA) LTD
QUIETFIELD LTD V VASCROFT CONTRACTORS LTD
England and Wales--1543-