D MCLAUGHLIN & SONS LTD v EAST AYRSHIRE COUNCIL

[2022] CSIH 42, Inner House of the Court of Session, Lord President Carloway, Lord Malcolm and Lord Woolman, 16 September 2022

Final certificate – Conclusive nature of certificate – Whether a Final Certificate conclusive of the sums due to a contractor in an adjudication about an interim payment

The pursuer was employed by the defender to construct an extension to a school for a contract price slightly in excess of £2 million. On 10 August 2017, not long after practical completion had been achieved, an interim payment notice was issued on behalf of the pursuer to which the defender did not issue a pay less notice and, although it paid some money to the pursuer, £427,578.85 of the sum notified remained outstanding.