The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you to the provisions as at the date the guidance in this Practice Note was published.
In this review of the key adjudication cases from 2016, we consider:
payment notices and final accounts—see below
contract considerations—doubts and amendments—see below
multiple adjudications and disputes—see below
jurisdiction and breach of natural jurisdiction—see below
adjudication enforcement—see below
recovering costs of adjudication—see below
Payment notices and final accounts saw two important decisions this year, that of Mrs Justice O'Farrell in Kilker Projects v Purton dealing with adjudication and the absence of payment notices and that of the Court of Appeal in Complete Building Solutions v Brown and Brown which considered whether disputes as to the validity payment in different years were the same or different disputes. In J Murphy & Sons v W Maher and Sons the court considers determining disputes about final account settlement:
Kilker Projects Ltd v Purton—Mrs Justice O’Farrell decided that a party can adjudicate the valuation of a final payment under the Scheme for Construction Contracts SI 1998/649, (the Scheme) even though there is no payment notice, and that there is a difference between final payment and interim payments. The Judge
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