The claimant was constructing a primary school and twenty four 1-3 bedroom flats for Harris Wharf. The contract was the JCT Standard Form of Building Contract, With Contractor’s Design 1998 Edition.

Practical Completion occurred on 12 July 2005, and the professional advisers met in April 2006 in order to discuss the final account. ROK made an application for payment on 29 June 2006 for the sum of £940,927. On 20 July 2006 the employer’s agent acknowledged the interim application, but stated that they did not consider that any further money was to be paid to the contractor. As a payment notice this letter was ineffective as it was out of time under Clause 30.3.3, but had some effect under Clause 30.3.5 in respect of withholding. The matter was referred to adjudication and the Adjudicator decided that the claimant should be paid the sum of £940,927.

The defendant refused to pay on a variety of grounds. The central one related to the identity of the claimant. The contractor identified in the contract was Walter Llewellyn & Sons Limited. Llewellyn & Sons Limited is wholly owned by Llewellyn Management Services Limited whose ultimate owner is ROK Plc. In the Notice of Intention to Refer the claimant described itself as “ROK Build Limited trading as Llewellyn”. During the course of the works, notices were served to ROK Build Limited and substantial payments were paid to ROK Build Limited.

The Adjudicator had to deal with the issue as to the identity of the parties in order to come to a decision. He concluded that the referring party was ROK Build.