Battersea Project Phase 2 Development Company Limited v QFS Scaffolding Limited

Battersea Project Phase 2 Development Company Limited v QFS Scaffolding Limited

The saving provision in clause 1.8.2 was engaged by timely commencement of adjudication proceedings challenging the Final Payment Notice. The proceedings were not abandoned, as QFS manifested a continuing intention to resolve the dispute, evidenced by ongoing negotiations and subsequent re-commencement of adjudication on the same subject matter. The Final Payment Notice was therefore subject to the adjudicator’s decision, and summary judgment was granted for the sum declared by the adjudicator. The claim for summary judgment in respect of contractual interest was dismissed for lack of evidential basis.

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
19 November 2024
Procedural Posture
Combined Part 8 and Part 7 Claims (declaratory Relief and Summary Judgment) / Judgment After Combined Hearing
Outcome
Part 8 claim dismissed; summary judgment granted in Part 7 claim for adjudicator’s declared sum; claim for contractual interest dismissed; parties to be heard on discretionary interest and consequential matters.
Legal Topics
Adjudication Enforcement, Conclusive Evidence Clauses, Final Payment Notice, Abandonment of Proceedings, Contractual Interpretation
Construction Law Contract Law Adjudication Enforcement Conclusive Evidence Clauses Final Payment Notice Abandonment of Proceedings Contractual Interpretation

Case Brief

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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 was conclusive under clause 1.8.1 of the Sub-Contract
  2. 2 Whether the saving provision in clause 1.8.2 was engaged and its effect
  3. 3 Whether QFS abandoned the adjudication proceedings

Ratio Decidendi

The saving provision in clause 1.8.2 was engaged by timely commencement of adjudication proceedings challenging the Final Payment Notice. The proceedings were not abandoned, as QFS manifested a continuing intention to resolve the dispute, evidenced by ongoing negotiations and subsequent re-commencement of adjudication on the same subject matter. The Final Payment Notice was therefore subject to the adjudicator’s decision, and summary judgment was granted for the sum declared by the adjudicator. The claim for summary judgment in respect of contractual interest was dismissed for lack of evidential basis.

Court Disposition

Part 8 claim dismissed; summary judgment granted in Part 7 claim for adjudicator’s declared sum; claim for contractual interest dismissed; parties to be heard on discretionary interest and consequential matters.

Orders

  • Declaration sought in Part 8 claim refused.
  • Summary judgment for QFS in the sum of £3,177,462.85 plus VAT.