Historic Royal Palaces and Piperhill Construction LTD
| Jurisdiction | Northern Ireland |
| Judge | McBride J |
| Judgment Date | 03 March 2023 |
| Neutral Citation | [2023] NIKB 30 |
| Date | 03 March 2023 |
| Court | King's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2023] NIKB 30
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: McB12071
ICOS No: 2022/75641
Delivered: 03/03/2023
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
COMMERCIAL DIVISION
___________
Between:
HISTORIC ROYAL PALACES
Plaintiff
and
PIPERHILL CONSTRUCTION LTD
Defendant
___________
Mr Fletcher of counsel (instructed by Carson McDowell Solicitors) for the Plaintiff
Mr McCausland of counsel (instructed by McIldowie Solicitors) for the Defendant
___________
McBRIDE J
Introduction
[1] This is an application by Historic Royal Palaces (“HRP”) for summary
judgment against the defendant Piperhill Construction Ltd (“Piperhill”), pursuant to
Order 14 rule 1 of the Rules of the Court of Judicature (NI) 1980 to enforce an
adjudication award made on 16 March 2022.
[2] The plaintiff was represented by Mr Fletcher of counsel. The defendant was
represented by Mr McCausland of counsel. I am grateful to all counsel for their
comprehensive and well-argued skeleton arguments.
Background
[3] HRP is a Royal Charter Body with responsibility for the care, conservation,
and preservation for the public of the Royal Palaces at HM Tower of London,
Hampton Court Palace, and Kensington Palace amongst others. HRP is also
contracted by the Secretary of State for Northern Ireland to manage Hillsborough
Castle and gardens.
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[4] Piperhill is a construction company based in Ballymoney.
[5] In or about July 2017 Piperhill entered into a lump sum capital JCT (2001
Edition) Construction Management Trade Contract with bespoke amendments (“the
Contract”) with HRP, as employer, to carry out certain construction works at
Hillsborough Castle, Royal Hillsborough, Co Down.
[6] The contract provided that the contract sum was £476,825 (exclusive of VAT)
and the construction manager employed by HRP, was F3 Construct Limited.
Relevant Contractual Provisions
[7] Clause 4.16 of the contract provided as follows:
“Final Statement and Final Payment
1. The construction manager shall issue the Final
Statement to the Trade Contractor not later than two
months after whichever of the following occurs last:
(i) The final release date, or (where there are
sections) the last such date,
(ii) The date of issue of the certificate of making
good under clause 2.38 or (where there are
sections) the last such certificate to be issued; or
(iii) The date on which the construction manager
sends to the trade contractor a copy of the
statement to be prepared under clause 4.6.2.
2. The final statement shall set out:
(i) The final trade contract sum
…
6. If the final statement is not issued in accordance with
clause 4.16.1 and 4.1.6.2:
(i) The trade contractor may at any time after
expiry of the two month period referred to in
clause 4.16.1 give notice to the employer with a
copy to the construction manager (a final
payment notice) stating what the trade
contractor considers to be the amount of the
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