[2024] EWHC 2084 (TCC)

By a contract dated 27 August 2020, Eros engaged Beck as a design and build fit out contractor for a development now known as The Residence, Mandarin Oriental in Hanover Square. The contract as made on a JCT Design and Build Contract, 2016 Edition with amendments. The works included the fit out of a Mandarin Oriental brand hotel with 50 rooms, a retail space, and 79 residential apartments. There were two subsequent agreements to vary the contract. The contract sum was approximately £40.2 million.

It goes without saying that the contract contained provision for adjudication, and there are or have been multiple adjudications between the parties. The adjudications and the progress of the adjudications is addressed extensively in the statements of Mr Pawlowski of Howard Kennedy, Beck’s solicitors, and Ian Reid of Shoosmiths, Eros’ solicitors. I will address the content of those statements in summary only.