S&T (UK) Ltd v Grove Developments Ltd

S&T (UK) Ltd v Grove Developments Ltd

Grove's Pay Less Notice was valid as it specified the basis of calculation by clear reference to a contemporaneously provided spreadsheet; even if invalid, Grove would be entitled to adjudicate the true value of the interim application after paying the notified sum; Grove complied with the contractual requirements for deduction of liquidated damages by serving the required notices in the correct sequence, regardless of the short time interval between them.

Parties
Appellant: S&T(UK) Limited; Respondent: Grove Developments Limited
Jurisdiction
England and Wales
Judgment Date
07 November 2018
Procedural Posture
Civil Appeal / Appeal From High Court (tcc) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Interim Payments, Pay Less Notice, Adjudication, Liquidated Damages, Statutory Interpretation
Construction Law Contract Law Interim Payments Pay Less Notice Adjudication Liquidated Damages Statutory Interpretation

Case Brief

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Parties

S&T(UK) Limited

Appellant

Grove Developments Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (tcc) to Court of Appeal

Legal Issues

  1. 1 Whether Grove's Pay Less Notice was valid and effective under the contract and statute
  2. 2 Whether Grove was entitled to pursue a 'true value' adjudication after failing to serve a valid Pay Less Notice
  3. 3 Whether Grove complied with contractual requirements to deduct or recover liquidated damages for delay

Ratio Decidendi

Grove's Pay Less Notice was valid as it specified the basis of calculation by clear reference to a contemporaneously provided spreadsheet; even if invalid, Grove would be entitled to adjudicate the true value of the interim application after paying the notified sum; Grove complied with the contractual requirements for deduction of liquidated damages by serving the required notices in the correct sequence, regardless of the short time interval between them.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the High Court's orders are affirmed.