Battersea Project Phase 2 Development Company Ltd v QFS Scaffolding Ltd [2024] EWHC 591 (TCC) (15 March 2024)

Battersea Project Phase 2 Development Company Ltd v QFS Scaffolding Ltd [2024] EWHC 591 (TCC) (15 March 2024)

A valid and timely Notice of Adjudication challenging the Final Payment Notice suspends its conclusivity under clause 1.8.1 pending the conclusion of proceedings. 'Conclusion' in clause 1.8.2 means a decision, award, judgment, or settlement, not a nullity. The subject matter of the dispute governs the saving provision's scope. The adjudication decision on 29 September 2023 concluded the proceedings, so the Final Payment Notice is subject to the adjudicator's determination. There was no abandonment by QFS.

Citation
[2024] EWHC 591 (TCC)
Parties
Part 8 Claimant/part 7 Defendant: Battersea Project Phase 2 Development Company Limited; Part 8 Defendant/part 7 Claimant: Q.F.S. Scaffolding Limited
Jurisdiction
England and Wales
Judgment Date
15 March 2024
Procedural Posture
Combined Part 8 and Part 7 Claims (declaratory Relief and Summary Judgment) / Judgment After Combined Hearing
Outcome
Part 8 claim dismissed; Part 7 claim granted.
Legal Topics
Adjudication, Conclusive Evidence Clauses, Contractual Interpretation, Payment Notices
Construction Law Contract Law Adjudication Conclusive Evidence Clauses Contractual Interpretation Payment Notices

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Parties

Battersea Project Phase 2 Development Company Limited

Part 8 Claimant/part 7 Defendant

Q.F.S. Scaffolding Limited

Part 8 Defendant/part 7 Claimant

Procedural Posture

Combined Part 8 and Part 7 Claims (declaratory Relief and Summary Judgment) / Judgment After Combined Hearing

Legal Issues

  1. 1 Whether the Final Payment Notice is conclusive evidence under clause 1.8.1 given the commencement and conclusion of adjudication proceedings
  2. 2 Proper construction of clause 1.8.2 regarding the effect of adjudication proceedings on conclusivity
  3. 3 Whether QFS abandoned adjudication proceedings

Ratio Decidendi

A valid and timely Notice of Adjudication challenging the Final Payment Notice suspends its conclusivity under clause 1.8.1 pending the conclusion of proceedings. 'Conclusion' in clause 1.8.2 means a decision, award, judgment, or settlement, not a nullity. The subject matter of the dispute governs the saving provision's scope. The adjudication decision on 29 September 2023 concluded the proceedings, so the Final Payment Notice is subject to the adjudicator's determination. There was no abandonment by QFS.

Court Disposition

Part 8 claim dismissed; Part 7 claim granted.

Orders

  • Declaratory relief sought by BPS refused.
  • Summary judgment granted to QFS for £3,177,462.85 excluding VAT, in accordance with the adjudicator's decision.