Appeal by a building contractor against a decision that the contractor is not entitled to recover an interim payment of some pounds 14 million. There are three issues in the appeal. They are:
i) Whether the employer’s purported Pay Less Notice sent in response to interim application 22 complied with the contractual requirements.
ii) Whether the employer is entitled to pursue a claim in adjudication to determine the correct value of the works on the date of interim application 22.
iii) Whether, in April 2017, the employer complied with the contractual requirements in order to maintain its claim for liquidated damages.
Citations:
[2018] EWCA Civ 2448
Links:
Jurisdiction:
England and Wales
Construction
Updated: 18 June 2022; Ref: scu.628709