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Category Archive: Payment

Construction

Can a Party Set-Off Against an Adjudicator’s Decision?

July 18, 2018| Construction, Construction Contracts, Dispute Resolution, Engineering, Payment

Disputes regarding set-off against an adjudicator’s award are rare in enforcement proceedings. However, in the recent case of MI Electrical Solutions Limited (“MI”) v Elements (Europe) Limited (“Elements”) the court considered this very point. The decision highlights the difficulties which … read more

construction

Adjudication, Enforcement, Payment and Winding-Up Petitions

June 5, 2018| Adjudication, Construction, Dispute Resolution, Engineering, Payment

Adjudication, Enforcement, Payment and Winding-Up Petitions This update considers the case of Victory House General Partner Limited, Re a Company [2018] EWHC 1143 (Ch), in which an application to restrain a winding-up petition was made following an un-paid, and enforced, … read more

construction

Valuation of Works Following a “Smash and Grab” Adjudication

November 16, 2017| Dispute Resolution, Payment

In the last few years, many cases have come before the courts relating to so-called “smash and grab” adjudications, which are founded on the argument that the paying party has failed to serve the necessary payment or pay less notice, … read more

Failure to Give Payment Notices and Pay Less Notices on Time

March 22, 2017| Adjudication, JCT Contracts, Payment

The recent case of Kersfield Developments (Bridge Road) Ltd v Bray and Slaughter Ltd (2017) is one of the latest in a long line of disputes about payment applications becoming due automatically in cases where the paying party has failed … read more