In Hart Investments v Fidler and another [2006], Judge Peter Coulson QC was required to consider an application by the second defendant, the liquidator of Larchpark, to enforce an adjudication award. The application threw up a number of issues of importance surrounding the availability and enforcement of the adjudication procedure.
Larchpark was a general building company which had been retained by Hart to carry out building works at a property in Muswell Hill. The retainer was pursuant to a letter of intent dated 1 November, 2002 which provided that the parties would sign a specified Joint Contracts Tribunal (JCT) agreement but which also provided a framework, should the JCT agreement not be signed, for reasonable reimbursement for works done. The JCT agreement was never signed but works commenced nevertheless. On 5 February, 2004, a wall collapsed in the course of the works. On 2 March, 2005, Larchpark, having previously made two unsuccessful attempts to refer the matter to adjudication, served a further Notice to Refer to Adjudication. The referral notice itself was not served until 10 March, 2005.
