M Davenport Builders Ltd v Greer

Subject Matter

BUILDING — Contract — Adjudication — Adjudicator awarding claimant contractor sum demanded on final account in absence of payment notice or pay less notice from employers — Employers commencing second adjudication seeking determination of true value of contract works without first paying amount of first award — Contractor seeking summary judgment to enforce first award — Whether employers entitled to rely on second adjudicator’s decision on true value by way of set-off or counterclaim — Whether required to make payment before commencing true value adjudication — Housing Grants, Construction and Regeneration Act 1996 (c 53), s 111 (as substituted by Local Democracy, Economic Development and Construction Act 2009 (c 20), s 144(1))

[2019] EWHC 318 (TCC); [2019] Bus LR 1273; [2019] WLR(D) 107, QBD