Case Law Update - Issue 4, 2008

ADJUDICATION

See Reinwood v L Brown under Keating Chambers Reported Cases on the employer's right to deduct LADs where a certificate of non-completion had been cancelled.

Interim payment provisions

PC Harrington Contractors Ltd v Multiplex Constructions (UK) Ltd [2008] CILL 2544 TCC
A sub-contract on the Wembley Stadium project contained provisions for interim payments. Following a dispute between main contractor Multiplex and concrete sub-contractor Harrington, Multiplex referred the matter to adjudication. Harrington argued that on the figures which it claimed were established, it should start the adjudication with £2.3 million in hand and claimed a declaration to that effect. Refusing the declaration, the court held that the provisions comprised a scheme for making interim payments, not for establishing the ultimate position as between the parties.