ADJUDICATION, COMMERCIAL OPERATIONS AND RESIDENTIAL OCCUPANCY

Edenbooth Ltd v Cre8 Developments Ltd [2008] EWHC 570 (TCC), 13 March 2008

In Edenbooth Ltd v Cre8 Developments Ltd [2008] EWHC 570 (TCC), 13 March 2008, Mr Justice Coulson rejected the submission that the decision of the adjudicator was not binding upon the defendant. He held that the contract was one for the carrying out of ‘construction operations’ within the meaning of s105 of the Housing Grants, Construction and Regeneration Act 1996 (hereafter ‘the 1996 Act’). He also rejected the submission that the defendant company was ‘a residential occupier’ and, as such, entitled to the exemption to be found in s106 of the Act. He therefore ordered that the decision of the adjudicator be enforced.