QMAC Construction Ltd and Northern Ireland Housing Executive
| Jurisdiction | Northern Ireland |
| Neutral Citation | [2020] NIQB 45 |
| Date | 30 April 2020 |
| Court | Queen's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2020] NIQB 45
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
Ref: HOR11260
Delivered: 30/4/20
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
_________
QUEEN’S BENCH DIVISION
(COMMERCIAL HUB)
________
2020 No. 017992
2020 No. 017989
BETWEEN:
QMAC CONSTRUCTION LIMITED
Plaintiff
-and-
NORTHERN IRELAND HOUSING EXECUTIVE
Defendant
________
HORNER J
INTRODUCTION
[1] The plaintiff has made two applications to enforce two awards by way of
summary judgment made by Mr Latham, the Adjudicator, on 27 January 2020. The
first award is that the defendant should pay to the plaintiff the sum of £143,454.71
plus VAT together with £121,501.95 interest and the Adjudicator’s fees in the sum of
£4,176.90 plus VAT in respect of the Springhill contract (“the Springhill
adjudication”) on the grounds that the plaintiff’s interim application for payment
number 4 established the notified sum and in the absence of a Pay Less Notice this
was the amount that the defendant should have paid before the final date for
payment. The Adjudicator also found the defendant liable to pay the plaintiff the
sum of £65,995.94 plus VAT together with £54,116.67 interest and the Adjudicator’s
fees in the sum of £3,685.50 plus VAT in respect of the Ardoyne contract (“the
Ardoyne decision”) on the grounds that the plaintiff’s interim application for
payment number 7 established a notified sum and in the absence of a Pay Less
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