Solicitor Advocate, Adam Chaffer, has acted for a local construction company in a successful summary judgment application against a claimant. The claim concerned various allegations of breach of contract and defects to construction works on a substantial Ponteland residential development which had erroneously being commenced against the wrong entity.
In a fully contested hearing before the County Court at Durham, the key issue for the court was who exactly had the Claimant contracted with at the commencement of the works. The judgment in favour of the Defendant applicant provides a helpful framework for parties contesting that the contracting entity of the other party is different to what is contained in the contract.
Having successfully obtained summary judgment Adam also navigated the issue of costs moving the application out of the fixed costs regime and into summary assessment.
The case also concerned a series of consequential interim applications brought by the Claimant all of which were either dismissed or formed part of normal case management directions.
Adam holds higher rights of audience and is an accredited commercial mediator working across both our Dispute Resolution Team led by Tom Whitfield and our Construction & Engineering Team led by Jan Rzedzian.
To instruct Adam or the wider Construction or Dispute Resolution Team please contact us.
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