- Adjudication enforcement—summary judgment refused due to possible application of power generation exclusion (Engie Fabricom v MW High Tech Projects)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Construction analysis: The Technology and Construction Court refused to grant summary judgment to enforce an adjudication decision relating to the construction of a ‘fluidised bed gasification power plant’ (a type of waste to energy plant). The defendant had a real prospect of succeeding in its defence that the primary activity at the site was power generation, which would mean that the contract was excluded from the scope the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996). However, the defendant was required to pay the amount claimed into court.
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