- 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
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.
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