WRW CONSTRUCTION LTD v DATBLYGAU DAVIES DEVELOPMENTS LTD

[2020] EWHC 1965 (TCC) Technology and Construction Court, Recorder Andrew Singer QC sitting as a Judge of the Technology and Construction Court, 23 July 2020

Adjudication – Valuation of post-termination account – Adjudicator had no jurisdiction to order payment to claimant – Whether court had such a power – Stay of execution

The defendant commenced an adjudication against the claimant in which it sought a valuation of the post-termination final account. The defendant claimed it was entitled to recover £3,345,790.40. The claimant submitted that the proper valuation of the post-termination final account would lead to the conclusion that it was the defendant who owed money to the claimant. In its submission to the adjudicator, the claimant accepted that the adjudicator had no jurisdiction to order payment to be made to it, but it did submit that the proper valuation of the final account should result in the conclusion that the defendant owed to the claimant the sum of £695,035.63.