Humes Building Contractors Ltd sought to enforce by way of summary judgment an adjudicator’s decision for £158,486.26 plus VAT. The building contract was based upon a JCT Intermediate Form of Building Contract with Contractors Design 2005 Edition. Relations between the parties deteriorated and the defendant purported to terminate the contract under clause 8.4.

The claimant brought a claim for measured work and wrongful determination. The defendant counterclaimed for defects and liquidated damages. The adjudicator valued the contractor’s claim but in his decision refused to consider the counterclaim on the basis that the defendant did not serve a withholding notice.

The defendant refused to pay the amount of the decision on the basis that the adjudicator had exceeded his jurisdiction in deciding that the termination had been wrongful.

Further, that the adjudicator had decided a different question to the one asked and had made an error by failing to consider the counterclaim merely because a withholding notice had not been issued.

Finally, the defendant argued that the decision should not be enforced because the adjudicator had failed to consider the merits of the defendant’s case in respect of a deduction for liquidated damages and defects.