The Court of Appeal has found in favour of Dandara SPV Reinwood at a second appeal hearing over interim payments to contractor L Brown & Sons.
Conflict between the two parties arose after Brown's contract on the 360 Degree apartment development on Duke Street, Manchester, came to an end, when issues arose over responsibility for and timing of an interim payment.
Despite success for the contractor L Brown & Sons at the first hearing, the ruling was overturned on appeal and again upheld by five judges at the Court of Appeal yesterday.
The case is only the second time this piece of construction law, concerning the relationship between the provisions in the Joint Contracts Tribunal Building Contract covering withholding notices and the grant of an Extension of Time, has reached the highest court in the land.
Howard Cornes, partner in the construction and property team of North West-based commercial law firm Hill Dickinson, acted for Reinwood. Hammonds was the legal team for L Brown.