Final Certificate Challenge

Robert Calnan reviews the recent decision in Trustees of the Marc Gilbard Settlement Trust v OD Developments [2015] and the key issues it raises regarding final certificates and adjudication.

Adjudication on construction projects can be a knotty issue, and never more so than when the parties are dealing with final certificate disputes. One man who knows his way around the issue is Mr Justice Coulson, who (literally) wrote the book on them: “Coulson on Construction Adjudication”. Thankfully he was around to hear the recent case ofTrustees of the Marc Gilbard Settlement Trust v OD Developments [2015] EWHC 70 (TCC), in which he considered how many bites at the cherry a contractor gets to challenge a final certificate.

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This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

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Antony Marsh

Partner - Head of Professional Indemnity

I head up the Professional Indemnity & Commercial Insurance Practice Group. The group handles a wide range of professional indemnity and commercial insurance matters from offices across the UK and Ireland.