The Business Law Reports
[2021] Bus LR 1650
Queen’s Bench Division
Downs Road Development LLP
v
Laxmanbhai Construction (UK) Ltd
[2021] EWHC 2441 (TCC)
2021 Aug 11;Sept 7
Judge Eyre QC
Adjudication— Adjudication decision— Enforceability— Contractor commencing arbitration to determine valuation of works at date of interim application— Adjudicator refusing on jurisdictional ground to consider set-off raised by employer— Whether adjudicator having jurisdiction to consider set-off— Whether deliberately deciding not to address material part of dispute before him— Whether decision as to amount due vitiated by breach of natural justice— Whether safe to sever decision on gross valuation of work from overall decision on amount due under payment application
Building— Contract— Interim payment— Contractor applying for interim payment— Employer giving contractor payment notice specifying nominal sum as amount due— Covering e-mail explaining more time required to ascertain amount due— Employer subsequently giving second notice specifying much higher sum— Whether first payment notice failing to satisfy statutory requirements and therefore invalid—
Housing Grants, Construction and Regeneration Act 1996 (c 53), s 110A