Kilker Projects Ltd v Purton (trading as Richwood Interiors)

Building contract – Adjudication. The Technology and Construction Court granted the claimant's application for an order enforcing an adjudicator's award in its favour in the second of two adjudications concerning a dispute over payment for works the defendant had carried out on the Dorchester Hotel. The court held that the second adjudicator had had jurisdiction. The claimant's failure to serve a payment notice or pay less notice, as required by the Housing Grants, Construction and Regeneration Act 1996, as amended, did not preclude the it, as the paying party, from challenging the payee's contractual entitlement to such payment in circumstances where the first adjudicator had not determined the proper value of the final account, and where there had been no agreement by the parties that the final account would be conclusive as to the final sum due under the contract.

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