The claimant applied for summary judgment to enforce an adjudicator’s decision. The defendant was a development company who had engaged the claimant to carry out ground works at two adjacent properties. One of the properties was owned and occupied by a director of the defendant.

The work was carried out. The claimant contended that it was owed further sums and commenced adjudication proceedings. The adjudicator concluded that an additional sum of £14,126.91 was due. The defendant did not pay the sum awarded and enforcement proceedings commenced.

The defendant challenged the enforcement on three grounds (i) that the works carried out by the claimant was not a “construction operation” within the meaning of section 105 of the Construction Act:; (ii) that it was a residential occupier in accordance with section 106 of the Act and therefore the contract was exempt; and (iii) that the adjudicator acted unfairly.

There were three issues before the court. The first issue was whether the work carried out by the claimant was a “construction operation” within section 105 of the Act.

The second issue before the court was whether the defendant was a residential occupier which meant that the contract was exempt from the Act.

Finally, the court was asked to consider whether or not the adjudicator acted unfairly.