OCTOESSE LLP v TRAK SPECIAL PROJECTS LTD

[2016] EWHC 3180 (TCC), Technology and Construction Court, Jefford J, 15 December 2016

Adjudication - Enforcement of decision - Recovery of costs incurred by claims consultants

The claimant employer and the defendant contractor entered into a contract on the JCT Intermediate Building Contract form (IC 2011). The works were certified as practically complete on 13 February 2015. On 4 May 2016, a final certificate was issued for payment. On 16 May 2016, a pay less notice was issued by the claimant deducting liquidated damages of £89,250. The defendant contended that the pay less notice was invalid. A dispute between the parties was subsequently referred to adjudication and the adjudicator decided that the claimant was not entitled to deduct liquidated damages; that the pay less notice was invalid; and that the claimant should pay to the defendant £59,991.83 plus interest and other sums.