Construction Case Law Update: Part 5 of 2021

September 27, 2021, By

The Enforcement of Adjudicators’ Awards under the Housing Grants, Construction and Regeneration Act 1996:
Part 5 of 2021
Kenneth T. Salmon

This article forms Part 5 of 2021 of the series of articles continuing the reporting and review of cases on the enforcement of adjudicators’ awards begun in the Journal of the Chartered Institute of Arbitrators.

Missed the other case updates in this series? Here are quick links to each of them: Part 1 of 2021 / Part 2 of 2021 / Part 3 of 2021 / Part 4 of 2021

Construction Adjudication Part 5 of 2021

This document is available to be read on full screen or alternatively can be downloaded or printed using the icons at the bottom of the publication. To go directly to each of the cases click the case names linked below.

Michael Duthie Wilson in the Cause of Graeme Cheyne (Builders ) Ltd v Michael Duthie Wilson [2021] ScotSAC Civ 24 (03 August 2021)
Payment application – Validity

Davis Construction (South East) Ltd v Sanzen Investments Ltd [2021] EWHC 2216 (TCC) HHJ Stephen Eyre QC
Set off of counterclaim at enforcement

KPR Mechanical Ltd v Kevin Watson Group Ltd and KPR Mechanical Ltd v Kevin Watson Construction Ltd [2021] NIQB 34 Humphreys J
Jurisdiction – payment of sum due to responding party

KPR Mechanical Ltd v Kevin Watson Group Ltd and KPR Mechanical Ltd v Kevin Watson Construction Ltd [2021] NIQB 34 Humphreys J
Set off of counterclaim at enforcement

Downs Road Developments LLP v Laxmanbhai Construction (UK) Ltd [2021] EWHC 2441 (TCC) 7 September 2021 (HHJ Eyre QC)
Set off – failure to consider defence – validity of payment notice – severance