Construction contracts and residential occupiers

In Westfields Construction Ltd v Lewis [2013] EWHC 376 (TCC), [2013] All ER (D) 328 (Feb) Mr Justice Coulson held that the defendant was not entitled to resist enforcement of an adjudicator’s decision on the ground that the contract between the parties was a construction contract with a residential occupier within section 106 of the Housing Grants, Construction and Regeneration Act 1996. The intention of the defendant to let out the premises after completion of the works was held to be fatal to him being classified as a residential occupier. Further, Coulson J questioned the need for the continued exclusion of residential occupiers from the construction adjudication scheme.