ESSENTIAL LIVING (GREENWICH) LTD v ELEMENTS (EUROPE) LTD

[2022] EWHC 1400 (TCC), Technology and Construction Court, O’Farrell J, 8 June 2022

Adjudication related to interim payment application – Whether binding in relation to calculation of final contract sum

The essential issue in dispute between the parties was one that related to the scope of an adjudication which had previously taken place between the parties and the extent to which the decision of the adjudicator was binding on them in relation to the process for calculating the final contract sum. The claimant’s position was that the decision was binding on the parties in a number of respects whereas the position taken by the defendant was that the earlier adjudication related to an interim application for payment and so did not have an impact on the final account process.