‘Conclusive evidence’ clause did not bind adjudicator (Battersea v Q.F.S Scaffolding)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Extension of time for Referral Notice
• Interpretation of clause 1.8.2
• Did QFS abandon the adjudication?
• Case details

Article summary

Construction analysis: The Technology and Construction Court (TCC) found that the ‘conclusive evidence’ provisions in a Joint Contracts Tribunal (JCT) form of sub-contract did not apply to an adjudication on the value of the Final Sub-Contract Sum. The court found that the claimant had commenced adjudication proceedings before the Final Payment Notice (FPN) became conclusive evidence of the Final Sub-Contract Sum, meaning that the adjudicator was not bound by it. Further, the claimant’s failure to serve a timely Referral Notice in the adjudication did not mean that the proceedings should have been treated as concluded or abandoned before the adjudicator made his decision.