Cases - Dumarc Building Services Ltd v Mr Salvador Rico
Record details
- Name
- Dumarc Building Services Ltd v Mr Salvador Rico
- Date
- [2003]
- Citation
- KT203081
- Legislation
- Keywords
- Adjudication - construction contract - JCT contract - enforcement of adjudicator's decision - liquidated damages - cross-claim
- Summary
-
This case concerned work to the home of a residential occupier. Therefore, the Act did not apply. However, the JCT contract that had been executed between the parties had been amended so that the contractual adjudication provisions applied to these works.
The employer sought to withhold money by way of liquidated damages for delay from a payment certificate issued by the architect. The contractor disputed the employer's right to do so and referred the dispute to adjudication.
The adjudicator found that a lesser sum than that certified was due to the contractor and ordered that payment be made accordingly. The employer did not make payment in accordance with the adjudicator's decision, and therefore Durmac sought to enforce the decision by way of an application for summary judgement.
Having failed to have their claim for liquidated damages properly addressed by the adjudicator, the employer sought to raise the argument again as a defence to the application for summary judgment.
Following the Court of Appeal's decision in Levolux v Ferson (2003) the judge welcomed the simplification of the law and entered judgment for the applicant.