HS Works Ltd v Enterprise Managed Services Ltd [electronic resource]
HS Works Ltd v Enterprise Managed Services Ltd [electronic resource]
- 2009
[2009] EWHC 729 (TCC), 8 April 2009. The case relates to a dispute over the value of works and enforcement of adjudicator's decisions. Enterprise Managed services (E) employed HS Works (H) to undertake repair, reinstatement and resurfacing of highways in London. Both companies disagreed on the valuation of the works and the number of contra charges due. H had carried out 51 000 jobs of different value under this contract. The dispute was brought under two separate adjudications. The first adjudication resulted in £1.84m plus VAT and interest due to H for wrongfully withheld contra charges because E did not issue a withholding notice after submission of the final account. The second adjudicator considered that the value of the work was £23.3m, therefore a total of £24.8m minus £1.5m in contra charges. This meant that part of the sum due under the first decision should be repaid. Both companies applied to the court to have the rulings in their favour enforced. "Held": Both decisions were valid and enforceable. The judge considered that what was important was the net effect of the decisions. To calculate the net effect, it would be necessary to take account of the interest position in relation to the payment or non payment of the respective adjudicator's decisions and costs.
HS WORKS LTD V ENTERPRISE MANAGED SERVICES LTD
CANTILLON LTD V URVASCO LTD
QUARTZELEC LTD V HONEYWELL CONTROL SYSTEMS LTD
BALFOUR BEATTY CONSTRUCTION LTD V LAMBETH LBC
WILLIAM VERRY (GLAZING SYSTEMS) LTD V FURLONG HOMES LTD
CIB PROPERTIES LTD V BIRSE CONSTRUCTION LTD
England and Wales--1543-
[2009] EWHC 729 (TCC), 8 April 2009. The case relates to a dispute over the value of works and enforcement of adjudicator's decisions. Enterprise Managed services (E) employed HS Works (H) to undertake repair, reinstatement and resurfacing of highways in London. Both companies disagreed on the valuation of the works and the number of contra charges due. H had carried out 51 000 jobs of different value under this contract. The dispute was brought under two separate adjudications. The first adjudication resulted in £1.84m plus VAT and interest due to H for wrongfully withheld contra charges because E did not issue a withholding notice after submission of the final account. The second adjudicator considered that the value of the work was £23.3m, therefore a total of £24.8m minus £1.5m in contra charges. This meant that part of the sum due under the first decision should be repaid. Both companies applied to the court to have the rulings in their favour enforced. "Held": Both decisions were valid and enforceable. The judge considered that what was important was the net effect of the decisions. To calculate the net effect, it would be necessary to take account of the interest position in relation to the payment or non payment of the respective adjudicator's decisions and costs.
HS WORKS LTD V ENTERPRISE MANAGED SERVICES LTD
CANTILLON LTD V URVASCO LTD
QUARTZELEC LTD V HONEYWELL CONTROL SYSTEMS LTD
BALFOUR BEATTY CONSTRUCTION LTD V LAMBETH LBC
WILLIAM VERRY (GLAZING SYSTEMS) LTD V FURLONG HOMES LTD
CIB PROPERTIES LTD V BIRSE CONSTRUCTION LTD
England and Wales--1543-