The court reminded the parties in the case of Pilon vs Bryer not to play too many games
Everyone knows that adjudications are often as much about tactical manoeuvring as they are about the substance of the dispute. However, once in a while the courts like to remind parties not to push their luck too far. That is exactly what happened in Pilon Limited vs Breyer Group Plc.
Pilon, the builder, carried out extensive work for Breyer on a number of different projects. This work was divided into two separate batches, batches 1-25 and batches 26-62. Pilon issued an interim application for payment in respect of batches 26-62. This application was not paid, and the dispute went to adjudication. The adjudicator awarded Pilon approximately 拢200,000 plus VAT and interest. Breyer still refused to pay up, so the matter ended up in an enforcement application at the TCC.
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Postscript
Daniel Tain is a partner in Pinsent Masons
