Can a withholding notice avoid complying with an adjudicator's decision?

摘要

Attempts to set off sums against an amount awarded by an adjudicator are not uncommon. Typical reasons would include cross claims for defects, omissions and delays. There have been numerous cases before the- courts concerning this subject and the general position is that an unsuccessful party will be required to comply with an adjudicator's decision before seeking to set off. A recent case considered the position where an unsuccessful party issued a withholding notice after the adjudicator issued his decision. The case in question was Squibb Group Ltd v Vertase FLI Ltd (2012).