Construction Muzzy Limited v Davis Construction (South East) Limited

Facts

Construction Muzzy Limited was engaged by Davis Construction (South East) Limited under two construction sub-contracts, for groundworks and drainage works, dated 3 February 2023 and 7 June 2023, at a site in Epping, Essex. The sub-contracts had the same terms and allowed for adjudication. The Defendant became dissatisfied with the quality of the work, and in October 2023 the Claimant was asked to leave the site with the works incomplete. In two adjudications, the Claimant sought payment of £98,533.44 plus VAT under a payment application dated 28 July 2024 and £102,666.45 plus VAT under one dated 31 July 2024. The Adjudicator, Leigh Belasco, found for the Claimant in the full sums sought in both. The Defendant took no part in the drainage adjudication beyond raising a jurisdiction objection. The Claimant issued proceedings on 25 March 2025 seeking summary judgment of £261,191.44 plus interest to enforce the two decisions. Waksman J transferred the case to the TCC at Liverpool on 1 May 2025 and certified it suitable for a District Judge. The Defendant's Defence and Counterclaim, dated 21 May 2025, argued that the Adjudicator had wrongly treated the documents as interim payment applications once the final account process had been reached, and asked for a declaration. The listed hearing was converted into a scope hearing, held on 9 June 2025, to decide what could be determined summarily.