Employer could not rely on true value adjudication (M Davenport v Greer)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Construction analysis: The Technology and Construction Court (TCC) held that an employer was prohibited from using a ‘true value’ adjudication decision as a defence or set-off to enforcement proceedings for an earlier adjudication decision in favour of the contractor (regarding a lack of pay less notice in response to the final account application). This was because the employer had not made payment of the earlier adjudication award before commencing its true value adjudication.