Severfield (UK) Ltd v Duro Felguera UK Ltd [2015] EWHC 3352 (TCC)

The Claimant contractor sought summary judgment in the sum of £1.4 million. The Contractor had previously obtained an adjudication award in its favour for a payment application in the sum of £3 million which in part concerned “construction operations” under section 105(1) of the Construction Act 1996 and in part did not. In these proceedings the Contractor claimed only the part of the application for the construction operations. Coulson J rejected the Contractor’s argument that it could claim only part of the notified sum. The Judge noted that the purpose of the Act was to encourage simplicity and clarity and the notion of a partial claim would confuse this system. The Judge went on to summarise the requirements for a valid notice for payment, namely that (i) it must set out the total sum said to be due; (ii) set out the basis on which that sum has been calculated; and (iii) be clear and free from ambiguity.