Systems Pipework Ltd v Rotary Building Services Ltd

Systems Pipework Ltd v Rotary Building Services Ltd

The 2 September 2016 assessment was not a proper notification of the amount due for payment under clause 28.6 because it did not specify the sum due, did not reference the relevant clause, and required further calculation. Even if it was a notification, the claimant's written dissent prevented any deemed agreement or binding effect under the contract.

Parties
Claimant: Systems Pipework Limited; Defendant: Rotary Building Services Limited
Jurisdiction
England and Wales
Judgment Date
12 December 2017
Procedural Posture
Civil (construction Dispute) / Judgment on CPR Part 8 Proceedings
Outcome
Judgment for the claimant
Legal Topics
Final Account Procedures, Notification Requirements, Interpretation of Construction Contracts, Time Limits and Loss of Rights
Construction Law Contract Law Final Account Procedures Notification Requirements Interpretation of Construction Contracts Time Limits and Loss of Rights

Case Brief

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Parties

Systems Pipework Limited

Claimant

Rotary Building Services Limited

Defendant

Procedural Posture

Civil (construction Dispute) / Judgment on CPR Part 8 Proceedings

Legal Issues

  1. 1 What notification was the defendant obliged to give under clause 28.6 for it to be binding?
  2. 2 Was the 2 September 2016 assessment a valid notification under clause 28.6?
  3. 3 If it was, was there valid dissent by the claimant?

Ratio Decidendi

The 2 September 2016 assessment was not a proper notification of the amount due for payment under clause 28.6 because it did not specify the sum due, did not reference the relevant clause, and required further calculation. Even if it was a notification, the claimant's written dissent prevented any deemed agreement or binding effect under the contract.

Court Disposition

Judgment for the claimant

Orders

  • Declaration that the 2 September 2016 assessment was not a proper notification under clause 28.6
  • Declaration that, if it was, the claimant's dissent prevented any deemed agreement or binding effect