The claimant contracted with the defendant to carry out the construction of a gas pipeline running from Samlesbury to Helmshore in Lancashire. The contract was the NEC Engineering and Construction Contract (second edition) Option A; also, the Priced Contract with Activity Schedule, with certain secondary options and an Appendix 1 dated 21 August 2001.

This case was primarily an application for summary judgment to enforce an adjudicator’s decision.

The defendant refused to pay the amount set out in the adjudicator’s decision, sought a stay of execution of the summary judgment application RSC Order 47, Rule 1(1) and argued that their counterclaim/preliminary issues should be dealt with during current proceedings.

Was a supplemental agreement a separate “construction contract” or, was it just a variation to the main contract?