- Related adjudications on defect claims did not concern the same dispute (Lewisham Homes v Breyer Group)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Construction analysis: The Technology and Construction Court (TCC) rejected an argument that an adjudicator had purported to decide substantially the same dispute as one determined in a previous adjudication. The first adjudication concerned the employer’s entitlement to a payment on account, in respect of defects in the contractor’s work. The second adjudication concerned the employer’s entitlement to a final award of damages, which was significantly different from the matter of its right to a payment on account. Note that this judgment is dated 14 April 2021, but was only made available (on BAILII) on 29 June 2021.
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