Court orders payment to claimant following adjudicator’s valuation and refuses stay of execution (WRW Construction v Datblygau Davies Developments)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Application for summary judgment
• Stay of execution
• Case details

Article summary

Construction analysis: The Technology and Construction Court (TCC) granted summary judgement to a claimant, making an order for payment of a sum which an adjudicator had found the claimant was entitled to in respect of a termination account, even although the adjudicator had no jurisdiction to make a monetary award. The court considered that it would be contrary to principle and authority to require the claimant to adjudicate again in order to recover the payment. The court refused the defendant’s application for a stay of execution, finding that there was no evidence that the claimant was at risk of not being able to repay the sum now due to it by the defendant.