SYSTEMS PIPEWORK LTD v ROTARY BUILDING SERVICES LTD

[2017] EWHC 3235 (TCC), Technology and Construction Court, Coulson J, 12 December 2017

Notice of final account – Whether notice given in accordance with the terms of the contract – Whether account had been agreed or whether sub-contractor had dissented from any notice given

The claimant sub-contractor carried out work for the defendant contractor between December 2014 and May 2016. On 17 May 2016 the claimant sent to the defendant a "revised final account" for the first phase of the works. On 2 September 2016 the defendant sent to the claimant a lengthy document which was described as "our final account assessment for the works carried out on the above project by your company". On 16 September the claimant commenced an adjudication in respect of its entitlement to payment for works carried out under the second phase of the works (and the first phase was expressly excluded from the scope of the adjudication. The adjudicator decided that the defendant should pay to the claimant £249,217.43.