- In brief—arbitral appeal concerning payment following termination (Sisk v Carmel)
- Original news
- What was this case about?
- What did the court decide?
- Burden of proof in relation to Carmel's claim
- Global claim/total costs claim
- Interest rate
- What should construction lawyers take note of?
Construction analysis: Mrs Justice Carr in the Technology and Construction Court considered an appeal from an arbitral award under section 69 of the Arbitration Act 1996, where the underlying dispute concerned payment following termination under a JCT Standard Building Sub-Contract 2005 (revision 1, 2007). The court held that the arbitrator (i) was correct to consider that the contractor had an evidential burden to overcome in relation to the value of the subcontractor’s works on termination, due to an interim valuation which had been agreed shortly before, (ii) had not held that the contractor’s claim was a global claim/total costs claim, and (iii) was correct to award the subcontractor interest under the Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998) on the sum due following termination.
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