Housebuilder goes to court to enforce adjudication payment of over £475,000

Bewley Homes has launched a legal battle over a mixed use scheme in Surbiton.

The company was the main contractor to design and build 65 residential units, 7,665 sq ft of retail, and a 51 space basement car park at the Old Post Office for CNM Estates (Surbiton) in 2006.

A dispute arose between the two sides, and adjudicator Mark Entwistle was called in to decide, according to a High Court writ.

The adjudicator ruled that CNM should pay £474,522.90 plus costs to Bewley Homes in February 2009, the writ says.

Days later, the two companies entered into a settlement agreement to resolve various issues between them, with a flat to be transferred to Bewley Homes instead of the money awarded by the adjudicator, the court will hear.

The flat should have been transferred to Bewley Homes by 28 March 2009, if CNM was able to arrange consent from its bankers, the writ claims. If the deal did not go ahead, CNM agreed to pay the sum awarded by the adjudicator, plus interest, it is claimed.

The flat has not been transferred to Bewley Homes, and the developer is now seeking payment of £475,522.90 plus interest of £21,242.52 and continuing interest of £69.42 a day.

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