A contractor commenced adjudication against the client for unpaid sums and alleged failure to serve a valid pay‑less notice. The contractor’s invoicing practices were inconsistent, creating confusion over payment timing. The client withheld payment on the basis that the works were substandard.
Whether a valid pay‑less notice had been served in time; the quality of works relied on to justify withholding payment; poorly organised client evidence that required extensive administration; and the need to balance full adjudication representation with constrained client resources. The adjudicator ultimately ruled against the client, prompting enforcement proceedings.
Counsel concentrated on the timing and validity of the pay‑less notice as the dispositive procedural point and challenged enforcement on that basis. At the enforcement hearing Counsel’s submissions prompted the opponent to pause mid‑hearing and negotiate. The parties reached a commercial settlement below the original claim, securing a favourable resolution and concluding the dispute.
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