Augres Construction Supplies Limited v Legendre Contractors Limited [2025] JRC 054

Background: The dispute arose from the Horizon Development at the Waterfront, where the defendant was the main contractor and the claimant was engaged to provide landscaping services.  The claimant sought summary judgment to enforce an adjudicator’s decision awarding them £179,177.02 for unpaid invoices and interest.

Key Findings:

1. Adjudicator’s Decision: The adjudicator, Mr. Gracia, determined that the claimant was owed £131,742.47 plus interest and costs. He found that the contractual terms were based on the claimant’s Bill of Quantities (BoQ) rather than the JCT Design and Build Sub-Contract proposed by the defendant.

2. Jurisdiction: The court held that the adjudicator had jurisdiction to make the decision, as the parties had agreed to adjudication under the JCT Contract, which incorporated the Scheme for Construction Contracts (England and Wales) Regulations 1998.

3. Application of English Law: The court found that the adjudicator’s application of English law, including the Late Payment of Commercial Debts (Interest) Act 1998, was appropriate given the contractual agreement to follow the Scheme.

4. Summary Judgment: The court granted summary judgment, concluding that the defendant had no realistic prospect of successfully defending the claim. The court emphasised the importance of enforcing adjudicators’ decisions to ensure cash flow and project continuity in the construction industry.

Implications of the Ruling

1. Construction Industry Practices:
   • Enforcement of Adjudicators’ Decisions: Reinforces the importance of enforcing adjudicators’ decisions to maintain cash flow and project continuity.

• Contractual Clarity: Highlights the need for clear contractual terms and adherence to agreed dispute resolution mechanisms.

2. Legal Precedents:
   • Jurisdiction of Adjudicators: Affirms that adjudicators have jurisdiction when parties agree to adjudication under the Scheme.
   • Application of English Law: Supports the application of English law in adjudications when incorporated into contracts.