Providence Building Services Limited v Hexagon Housing Association Limited
[2024] EWCA Civ 962
Andrew Bellis v Sky House Construction Ltd
23 June 2023
[2023] EWHC 1473 (TCC)
High Court
Mr. Bellis fired his builder, but the judge said he did it too early according to their contract. Even though a previous official ruling said the builder was wrong, the judge agreed with the builder this time because of how the contract says time should be calculated.
Key Facts
- •Andrew Bellis (Claimant) terminated a construction contract with Sky House Construction Ltd (Defendant).
- •An adjudicator found the termination wrongful due to premature notice.
- •A second adjudication found Bellis liable for payment.
- •Bellis challenged the first adjudication's findings via a Part 8 claim.
- •The contract used the JCT Minor Works Building Contract 2016.
- •Clause 6.4 allowed termination for contractor default after a 7-day notice period.
- •Clause 6.2.3 specified notice delivery methods (hand delivery or recorded post).
- •Bellis served notices via email, but claimed hand delivery.
- •Clause 1.4 defined calculation of time periods as 'clear days'.
- •The adjudicator ruled the termination notice was one day early based on Clause 1.4.
Legal Principles
Court's robust approach to adjudication enforcement; only exceptionally challenged.
Global Switch Estates 1 Ltd v Sudlows Ltd [2020] EWHC 3314 (TCC), §44
Adjudicator's decisions enforced even with errors unless jurisdictional excess or serious natural justice breach.
Carillion v Devonport Royal Dockyard [2005] EWHC 778 (TCC), §80
Court interference with adjudicator's decision only in rare circumstances; pay now, argue later principle.
Carillion Construction Ltd v Devonport Royal Dockyard Ltd [2006] B.L.R. 15, §§85, 87; Macob Civil Engineering Ltd v Morrison Construction Ltd [1999] B.L.R. 93; Mead General Building Ltd v Dartmoor Properties Ltd [2009] EWHC 200 (TCC)
Exceptionally, a short, self-contained point requiring no oral evidence can be decided in a Part 8 claim for declaratory relief.
Caledonian Modular Ltd v Mar City Developments Ltd [2015] EWHC 1855 (TCC), [12]; Hutton Construction Ltd v Wilson Properties (London) Ltd [2017] EWHC 517 (TCC), §§17-19; Willow Corp. SÀRL v MTD Contractors Ltd [2019] EWHC 1591 (TCC), §§28-30
In Part 8 claims challenging adjudicator findings, the court's focus is on whether the adjudicator's decision was correct, not merely whether it contained an error.
Hutton Construction Ltd v Wilson Properties (London) Ltd [2017] EWHC 517 (TCC), §18; Willow Corp. SÀRL v MTD Contractors Ltd [2019] EWHC 1591 (TCC), §51
Outcomes
Defendant granted relief from sanctions for failing to file an Acknowledgement of Service.
Claimant not prejudiced; fully aware of Defendant's defence.
Claim dismissed.
Adjudicator correctly ruled termination notice unlawful due to premature service; Court found Clause 1.4 applied to the 7-day notice period, meaning the termination notice was sent a day early.