Background FK Construction Limited (“FK”) was sub-contractor to ISG Retail Limited (“ISG”) for works involving roofing and cladding in relation to ISG’s Project Barberry. FK issued an application for payment of £1,691,679.94. ISG failed to issue a payment notice, submitting a pay less notice instead. The sum sought by FK was not paid, and FK referred the dispute to adjudication. The adjudicator’s decision (“the Wood Decision”) was that ISG had to pay FK the whole sum applied for because ISG’s pay less notice was late and therefore invalid. ISG did not comply, and FK raised enforcement proceedings...
Setting Off Opposing Adjudication Decisions
Shepherd and Wedderburn LLP, July 2023