Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd

Subject Matter

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

[2021] EWHC 2441 (TCC); [2021] Bus LR 1650; [2021] WLR(D) 478, QBD

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

[2021] EWHC 2441 (TCC); [2021] Bus LR 1650; [2021] WLR(D) 478, QBD