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ARTICLE · 18 MAY 2014

Conclusivity Of Final Certificates And Adjudication

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In the case of University of Brighton v Dovehouse Interiors Ltd, [2014] EWCA 940 (TCC), the Hon Mrs Justice Carr DBE had to consider issues relating to the "Conclusiveness" of a Final Certificate where Notice of Adjudication refers to the wrong Adjudicator Nominating Body and was served on the wrong address.

United KingdomReal Estate and Construction
Philip Barnes
Philip Barnes
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In the case of University of Brighton v Dovehouse Interiors Ltd, [2014] EWCA 940 (TCC), the Hon Mrs Justice Carr DBE had to consider issues relating to the "Conclusiveness" of a Final Certificate where Notice of Adjudication refers to the wrong Adjudicator Nominating Body and was served on the wrong address.

The Facts

The University of Brighton ('the University') contracted with Dovehouse Interiors Limited ('Dovehouse') to fit out the university centre. The contract sum was just over £2.5m. The form of contract was an amended JCT Intermediate Building Contract which provided at clause 1.9 that the Final Certificate would be conclusive evidence of the amount due to Dovehouse save in respect of any claims raised in adjudication, arbitration or other proceedings commenced within 28 days of the Final Certificate. The contract provided for nomination of an adjudicator by the President or Vice President of the Chartered Institute of Arbitrators and the Scheme was to

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