The Adjudicator concluded that the contract was not with a residential occupier and therefore the Act applied. The parties had entered into a JCT minor building works contract for a barn development. The defendants had intended to convert 2 of the barns: 1 for their own purposes and 1 for sale as well as well as a garage block, courtyard and drainage for the barns.

The Judge found that the contract did not fall within the residential occupier exception in s106. The contract did not principally relate to the barn the defendants intended to occupy but to the two barns, the garage block, the courtyard and the drainage. Therefore the Adjudicator’s decision was enforced.