The recent case of CC Construction Ltd vs Raffaele Mincione [2021] EWHC 2502 (TCC) covers some interesting ground about final payments, final statements and severing adjudicators’ decisions.

Mr Mincione employed CC Construction on the shell and core of an expensive London property under an amended JCT Design and Build Contract 2011. He took possession of virtually all the works in December 2018, with only some boundary wall rendering outstanding. However, practical completion was not certified until November 2019, and the employer received the final statement on 4 December 2020. The contractor had been seeking engagement on the final account long before then.

Mr Minicone gave notice on 18 December 2020 disputing the amount claimed in the final statement (around £480,000) but did not issue a payment or pay less notice. In his view, the due date for the final payment had not yet arrived. The dispute involved his entitlement to liquidated damages for delay as against CC Construction’s entitlement to further time and money. It was not about the quality of the works.

Adjudication followed, resulting in a decision that the contractor was owed the full sum claimed in the final statement. Mr Mincione did not pay and court proceedings were commenced, with the contractor seeking enforcement of the decision and Mr Mincione seeking Part 8 declarations. The court heard the claims together.

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