gunnercooke acts for Paragon Group Ltd in landmark construction adjudication 

gunnercooke advised Paragon Group Limited in proceedings against FK Facades Limited, the contractor and defendant, led by Construction Litigation Partner David Curd. 

The dispute came from a construction contract whose rights had been assigned to Paragon Group Ltd in September 2024. Following a payment dispute, gunnercooke referred the matter to adjudication under the Scheme for Construction Contracts, pursuant to the Housing Grants and Construction and Regeneration Act 1996. 

FK Facades Ltd then challenged the adjudicator’s jurisdiction, arguing that the statutory right to adjudicate was only available to the original parties to the contract and didn’t extend to assignees. That argument was rejected by the adjudicator, who found in favour of Paragon Group Ltd and awarded payment. 

FK Facades Ltd refused to comply with the adjudicator’s decision which led to gunnercooke starting enforcement proceedings in the Technology and Construction Court (TCC). 

In January 2026 a judgment was made, and the court ruled that the rights acquired by an assignee under a construction contract include the right to refer disputes to adjudication, unless those rights are purposefully excluded. 

The Court ordered FK Facades Limited to pay the sum, confirming the enforceability of the decision. 

Partner David Curd commented: “I’m pleased to have gained a positive result for our client, but it’s important to note that this ruling is particularly significant as it addresses an issue on which there had previously been no judicial authority.  

“This will hopefully provide important clarity for the construction industry where assignments of contractual rights are common.” 

You can read more about David and his work here.