- Severability of adjudicators’ decisions, and genuine belief in sum stated as due in payment notices (Downs Road Development LLP v Laxmanbhai Construction)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Breach of Natural Justice
- Severability and Enforceability
- Belief in sums due
- Case details
Construction analysis: In Downs Road v Laxmanbhai, the Technology and Construction Court provided important guidance on when an adjudicator’s decision may and may not be severed, so as to preserve the enforceable parts of an award which has been found to be unenforceable in part. The case also provides an example of an adjudicator’s decision being found unenforceable for a breach of natural justice, and sets out a test that the employer must have a ‘genuine belief’ in the sums stated in a payment notice. Written by Jonathan Schaffer-Goddard, barrister at 4 Pump Court.
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