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ARTICLE · 26 MAY 2025

Lapp Industries Ltd v 1st Formations Ltd

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Lapp sought summary enforcement of an adjudicator's decision. Lapp had sent an application for interim payment in the sum of £120k. No payment or payless notice was served.

United KingdomReal Estate and Construction
Jeremy Glover
Jeremy Glover
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[2025] EWHC 943 (TCC)

Lapp sought summary enforcement of an adjudicator's decision. Lapp had sent an application for interim payment in the sum of £120k. No payment or payless notice was served. During the adjudication, Formations raised a jurisdictional challenge, saying that there were numerous contracts between the parties and not a single contract as alleged. The adjudicator rejected this, saying that there was only one contract.

The contract issue had arisen because Lapp provided individual quotations for specific items of work. Lapp said this was because Formation never "definitively finalised" the specification. For example, Lapp submitted an initial quotation for works to the roof, decking and reception. This was accepted in writing.

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This article is taken from Fenwick Elliott's 2021/2022 Annual Review. To read further articles go to Fenwick Elliott Annual Review 2021/2022

This article is based on recent summaries from the Fenwick Elliott Dispatch, a monthly newsletter which highlights some of the most important legal developments during the last month, relating to the building, engineering and energy sectors. You can find further details here: https://www.fenwickelliott.com/knowledge-hub/dispatch-articles/

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