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WILLOW CORP SARL v MTD CONTRACTORS LTD

Construction Law Reporter

WILLOW CORP SARL v MTD CONTRACTORS LTD

Part 8 proceedings – Adjudicator held to have erred in construction of supplementary agreement – Severance – Balance of adjudicator's decision enforced

The claimant was ordered by an adjudicator to pay to the defendant £1,174,854.92 plus VAT and interest of £36,294.84. The claimant did not make any payment and instead brought Part 8 proceedings in which it sought a declaration as to the proper interpretation of a supplementary agreement between the parties and a declaration that the decision of the adjudicator was unenforceable. The defendant for its part sought to defend the Part 8 proceedings and also brought Part 7 proceedings in order to enforce the decision of the adjudicator.

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