Skip to content
Follow us on Twitter

Construction Law: BexHeat Ltd v Essex Services Group Ltd

Georgia Whiting’s recent case analysis, first published by Lexis®PSL on 04 May 2022, looks at the practical implications of BexHeat Ltd v Essex Services Group Ltd [2022] EWHC 936 (TCC) 

High Court enforces adjudication award, reminding parties of the importance of the immediate obligation to pay ‘the notified sum’

Construction analysis: This case concerns the enforcement of a second adjudication award in circumstances in which a previous true value award had been obtained.

A number of arguments in terms of the enforceability of the same were raised at the
enforcement stage, including that the true value of the application for payment the subject
of the second adjudication had already been determined, and that a contractual right to
set-off arose.

The arguments were all unsuccessful, and this decision serves as a reminder that section 111 of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) creates an immediate obligation to pay the ‘notified sum’, and that the right
to adjudicate to obtain a true valuation is subjugated to that right.

Click here to read the full article

Add Your Comment (Get a Gravatar)

This site uses Akismet to reduce spam. Learn how your comment data is processed.