Legal News

Tomlin Order—payment due to contractor where employer failed to seek final determination of dispute (Fairgrove Homes v Monument Two)

Published on: 04 January 2022
Published by: LexisPSL
  • Tomlin Order—payment due to contractor where employer failed to seek final determination of dispute (Fairgrove Homes v Monument Two)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Effect of the Part 8 proceedings
  • Determination of the Part 8 claim
  • Case details

Article summary

Construction analysis: The Technology and Construction Court found that an employer was liable to make payment to a contractor pursuant to a Tomlin Order made in the course of adjudication enforcement proceedings. The employer had failed to commence proceedings to finally determine the underlying dispute (which related to the interpretation of a settlement agreement) in accordance with the Tomlin Order, meaning that the disputed payment became due to the contractor. or take a trial to read the full analysis.

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