Walker Construction (UK) Ltd v Quayside Homes Ltd

[2014] BLR 215

COURT OF APPEAL(CIVIL DIVISION)

Before Lord Justice Laws,Lord Justice McFarlane,Lady Justice Gloster

Adjudication – Sums awarded to contractor in adjudication – Claim by employer for return of part of those sums on basis of alleged defects – Whether employer had to prove its claim for return of those sums or whether contractor had to prove its entitlement thereto. – Costs – Employer recovering only small percentage of sums claimed – Whether judge should have awarded employer proportion of its costs only. – Costs – Calderbank offer by contractor inclusive of costs – Whether employer had beaten that offer – Correct approach to such offers.