Diffident Display Of Finding An Adjudicator's Decision Concerning Defects To Be Defective

Synergy Gas Services Ltd v Northern Gas Heating Ltd [2018] EWHC 3060 (TCC)

Background:

The claimant and defendant had entered into a sub-contract, clause 14.4 of which stated that if the defendant decided any works done by the claimant were defective, it had to notify the claimant of the defects and specify details. If the claimant failed to make good the defects, the defendant could rectify them itself and recover the costs from the claimant.

A dispute arose over the defendant's alleged failure to pay invoices, and the claimant referred the dispute to adjudication. The defendant's response alleged a breach of clause 14.4, namely the claimant's failure to rectify defects, and claimed a set-off. The claimant denied that allegation and submitted detailed schedules responding to each alleged defect and noting that it had not been given the opportunity to make them good.