HT-2023-000016 - [2024] EWHC 1825 (TCC)

These proceedings concern Part 7 proceedings in which there is an application for enforcement of an adjudicator’s decision by way of summary judgment, in which ProMEP Limited (“ProMep”) is the claimant and Henry Construction Projects Limited (“Henry”) is the defendant and a corresponding Part 8 claim in which the roles are reversed.

ProMep is an M&E contractor and over a period of about 4 years was engaged as a sub-contractor by Henry on a number of projects with a total value of around £68 million.

ProMep and Henry entered into a contract incorporating the JCT DBSub/C 2016 form with amendments. Henry engaged ProMep as sub-contractor for the design, supply, installation, testing and commissioning of M&E works in relation to a project at Stanbridge Earls, Stanbridge Lane, Romsey.

From early 2021, the relationship between the parties deteriorated and both parties claimed to be entitled to terminate their various contracts. ProMep’s position was that Henry repudiated the Stanbridge contract and that, on 20 July 2021, ProMep accepted that repudiation as terminating the contract. Henry disputed that it was in repudiatory breach and that ProMep was entitled to terminate and, therefore, alleged that ProMep was in repudiatory breach.