The judgment in Allen Fabrications Ltd v ASD Ltd discusses the use and reasonableness of limitation and exclusion clauses in downstream supply contracts. Given the number of supply contracts in the construction industry, this is an important decision for those who produce parts that are then used to manufacture products, and who use such clauses to allocate risk.
Earlier this year, I wrote about set-off in adjudication, particularly set-off and withholding notices following the judgment in Working Environments v Greencoat.
More recently in both Squibb Group v Vertase FLI Ltd and Beck Interiors v Classic, Coulson J in the TCC looked at the question of set-off against an adjudicator’s decision. Perhaps unsurprisingly, on both occasions he rejected the paying party’s attempt to reduce the sum due under the adjudicator’s decision. Continue reading
