R and C Electrical Engineers Ltd v Shaylor Construction Ltd

R and C Electrical Engineers Ltd v Shaylor Construction Ltd

R&C is not entitled to immediate payment of the sum determined by the adjudicator as the contractual machinery for certification under the Main Contract had not broken down and the sum is payable only following issue of the Final Certificate and subject to set-off or deduction rights under clause 21.8(b) of the Sub-Contract.

Parties
Claimant: R AND C ELECTRICAL ENGINEERS LIMITED; Defendant: SHAYLOR CONSTRUCTION LIMITED
Jurisdiction
England and Wales
Judgment Date
15 May 2012
Procedural Posture
Claim for Declaratory and Other Relief / Judgment on Application for Immediate Payment Following Adjudicator's Decision
Outcome
Application dismissed
Legal Topics
Adjudication, Payment Provisions, Certification, Set Off, Delay Damages
Construction Law Contract Law Adjudication Payment Provisions Certification Set Off Delay Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

R AND C ELECTRICAL ENGINEERS LIMITED

Claimant

SHAYLOR CONSTRUCTION LIMITED

Defendant

Procedural Posture

Claim for Declaratory and Other Relief / Judgment on Application for Immediate Payment Following Adjudicator's Decision

Legal Issues

  1. 1 Whether contractual certification machinery under Main Contract broke down
  2. 2 Whether R&C is entitled to immediate payment of sum determined by adjudicator
  3. 3 Whether Shaylor is entitled to set-off or deduction against sum determined by adjudicator

Ratio Decidendi

R&C is not entitled to immediate payment of the sum determined by the adjudicator as the contractual machinery for certification under the Main Contract had not broken down and the sum is payable only following issue of the Final Certificate and subject to set-off or deduction rights under clause 21.8(b) of the Sub-Contract.

Court Disposition

Application dismissed