Danion Limited v IPS Roofing Limited

Facts

The claimant, Danion Limited, a sub-contractor, was engaged by the defendant, IPS Roofing Limited, to carry out specialist scaffolding-related works at a site in High Street, Southampton, under a JCT standard building sub-contract dated 2 August 2023. The relationship deteriorated. On 28 July 2025 Danion submitted Application for Payment No. 20 in the sum of £629,300.84; IPS responded with a valuation assessing the account at £446,799.56 and a negative payment of £161.21, and sought to deduct delay costs and liquidated damages. Danion gave a Notice of Adjudication on 22 October 2025 under section 108 of the Housing Grants, Construction and Regeneration Act 1996 (as amended), clause 8.2 of the Sub-Contract Conditions and the Scheme for Construction Contracts (England and Wales) Regulations 1998 (as amended), claiming £181,621.31 plus VAT and challenging the validity of the deductions. The adjudicator, Mark Borg, appointed on 24 October 2025, decided on 21 November 2025 that the gross valuation of Application No. 20 was £622,982.09, leaving £176,021.32 excluding VAT due, and that IPS could not deduct delay costs and liquidated damages. IPS did not pay. Danion issued Part 7 proceedings on 22 December 2025 seeking summary judgment enforcing the decision in the sum of £187,279.72; Constable J transferred the claim to the TCC at Liverpool and certified it suitable for a District Judge. IPS, initially acting in person, resisted enforcement on jurisdiction and natural justice grounds.