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William Verry Ltd v The Mayor and Burgesses of the London Borough of Camden

Language: English Publication details: 2006Subject(s): Online resources: Summary: [2006] EWHC 761 (TCC), 20 March 2006. Considered whether a final valuation could be used to defeat an adjudicator's decision on an interim valuation. W and C entered into a contract and valuations were carried out by an independent firm of quantity surveyors. There had been three adjudications concerning valuations, with the third adjudication determining the interim valuation at practical completion as £6 487 648.37, with C paying V £532 351.61 plus VAT and interest. Before this decision was given, the contract administrator issued a final certificate showing a gross valuation of £5 755 655.51 and an amount due to V of only £46 020.11. After the third adjudicator's decision, C gave notice it would deduct liquidated damages awarded by the third adjudicator from the amount in the final certificate, leaving V owing C £35 275.61. C refused to pay on the third adjudicator's decision and V applied for summary judgment. "Held": the third adjudicator's decision should be enforced and V was entitled to the full amount. An adjudicator's decision was not simply a contractual obligation that could be reduced by other contractual obligations and there was no right to set-off from such an adjudicator's decision.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 135562-2001

[2006] EWHC 761 (TCC), 20 March 2006. Considered whether a final valuation could be used to defeat an adjudicator's decision on an interim valuation. W and C entered into a contract and valuations were carried out by an independent firm of quantity surveyors. There had been three adjudications concerning valuations, with the third adjudication determining the interim valuation at practical completion as £6 487 648.37, with C paying V £532 351.61 plus VAT and interest. Before this decision was given, the contract administrator issued a final certificate showing a gross valuation of £5 755 655.51 and an amount due to V of only £46 020.11. After the third adjudicator's decision, C gave notice it would deduct liquidated damages awarded by the third adjudicator from the amount in the final certificate, leaving V owing C £35 275.61. C refused to pay on the third adjudicator's decision and V applied for summary judgment. "Held": the third adjudicator's decision should be enforced and V was entitled to the full amount. An adjudicator's decision was not simply a contractual obligation that could be reduced by other contractual obligations and there was no right to set-off from such an adjudicator's decision.