M Davenport Builders Ltd v Greer and another

Building contract – Adjudication. An employer who was subject to an immediate obligation to discharge the order of an adjudicator based on the failure of the employer to serve either a payment notice or a pay less notice had to discharge that immediate obligation before he would be entitled to rely on a subsequent decision in a true value adjudication. Accordingly, the Technology and Construction Court disposed of the defendant employers' application to rely on a true value adjudication by way of set off or counterclaim and granted summary judgment for the claimant contractor to enforce an adjudicator's award in the sum of £106,160.84 plus interest.

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