000 02140cab a2200217 4500
001 ##L135562
008 061108n2006 000 0 eng u
035 _a(Sirsi) u135562
041 0 _aeng
245 0 0 _aWilliam Verry Ltd v The Mayor and Burgesses of the London Borough of Camden
260 _c2006
520 _a[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.
590 _aIKA141106
650 2 4 _aWILLIAM VERRY LTD V CAMDEN LBC
650 2 4 _aJCT INTERMEDIATE FORM OF BUILDING CONTRACT FOR WORKS OF SIMPLE CONTENT (1998 EDITION)
650 2 4 _aHOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
651 4 _aEngland and Wales
_y1543-
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
856 4 0 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2006/761.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c77939
_d77939