M DAVENPORT BUILDERS LTD v GREER AND ANOTHER

[2019] EWHC 318 (TCC), Technology and Construction Court, Stuart-Smith J, 20 February 2019

True value adjudication – Whether entitled to rely on outcome of true value adjudication by way of defence or set off when not complied with previous adjudication between the parties

The claimant brought an action to enforce the decision of an adjudicator in which it was held that the defendants were obliged to pay the sum claimed as it had failed to issue a valid payment notice. The defendants sought to resist enforcement on the ground that they were entitled to rely by way of defence or set-off on a subsequent decision of an adjudicator in a true value adjudication between the parties.