Think of a payment dispute under a construction contract and you usually think about adjudication. After all, it has become the method of choice for resolving construction disputes and was introduced primarily to deal with cash flow, often referred to as the lifeblood of our industry.
Therefore, in Volkerlaser Ltd v Nottingham City Council, I was a little surprised to see an unpaid contractor adopt a slightly different tactic, preferring instead to start court proceedings (presumably under CPR 7) and then apply for summary judgment on sums set out in its interim application for payment, and for which no payment or pay less notice had been served. Continue reading