Source: All England Reporter
Publisher Citation: [2012] All ER (D) 129 (May)
Neutral Citation: [2012] EWHC 1254 (TCC)
Court: Queen's Bench Division, Technology and Construction Court
Judge:

Edwards-Stuart J
Representation Allen Dyer (instructed by Contract Construction Consultants) for the claimant.
  Stephanie Barwise QC (instructed by SGH Martineau LLP) for the defendant.
Judgment Dates: 15 May 2012

Catchwords

Building contract - Adjudication - Award - Parties disputing claimant's entitlements under sub-contract - Adjudicator finding payment due to claimant within 30 days of issue of final certificate under sub-contract - Claimant seeking immediate payment on basis contractual machinery having broken down - Claimant submitting defendant misleading adjudicator - Whether defendant misleading adjudicator - Whether contractual machinery being broken down - Whether claimant being entitled to payment without deduction or set-off.

The Case

Building contract Adjudication. The Technology and Construction Court refused the claimant immediate payment of a sum found owing under a sub-contract by an adjudicator on the basis that the contractual machinery in relation to payment after final certification had not broken down.

Practice Areas

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