Northern Ireland Housing Executive and Combined Facilities Management Limited
| Jurisdiction | Northern Ireland |
| Neutral Citation | [2021] NIQB 126 |
| Date | 13 December 2021 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2021] NIQB 126
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: WEA11682
ICOS No:
Delivered: 13/12/2021
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
COMMERCIAL DIVISION
___________
Between:
NORTHERN IRELAND HOUSING EXECUTIVE
Plaintiff
and
COMBINED FACILITIES MANAGEMENT LIMITED
Defendant
___________
Mr A M Singer QC with Mr A Fletcher (instructed by A & L Goodbody Solicitors) for the
Plaintiff
Ms Anyadike-Danes QC with Mr R McCausland (instructed by Caldwell Solicitors) for
the Defendant
___________
SIR RONALD WEATHERUP
[1] The plaintiff’s claim is by way of a Review of an adjudication decision of
3 February 2020, arising out of a contract between the plaintiff housing authority as
employer and the defendant as contractor, in respect of maintenance work on an
area of housing. The defendant’s counterclaim is by way of a review of an earlier
adjudication decision of 9 October 2019 arising in respect of maintenance work in a
different area of housing involving the same type of standard form contract. It is
agreed by the parties that the Reviews should be undertaken by a rehearing of the
issues arising in the adjudications.
[2] The standard form contract is the NEC3 Term Service Short Contract of April
2013 with additional conditions of 2016. The plaintiff invited tenders for the
maintenance work on housing in six areas and the defendant was the successful
tenderer in respect of two areas, known as Lot 4 and Lot 6. The scheme of the
contract was based on a pre-priced Schedule of Rates to which the contractor applied
a percentage adjustment. Some of the items in the Schedule of Rates included a
Prime Cost sum (“PC sum”) for materials. Of about 4,000 items in the Schedule of
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