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The case
Opinion of Lord Clark
Judgment delivered 30 December 2020
The facts
McLaughlin was engaged by East Ayrshire Council to build an extension at a primary school and commenced work in 2016. On 10 August 2017 McLaughlin issued an interim payment notice claiming some £949,556.50. No pay less notice was issued but, despite further exchanges, the council did not pay the amount claimed by McLaughlin.
The council issued a final certificate on 17 July 2019 with a gross valuation of £3,343,223.82. In September 2019 McLaughlin issued proceedings in the Sheriff Court claiming a gross valuation of £3,711,242.80 and seeking an order for payment of the balance.
In March 2020 McLaughlin commenced an adjudication claiming a gross valuation of £3,802,614.87 relying upon the interim payment notice dated 10 August 2017. The council argued for a nil valuation on the grounds that the interim payment notice was invalid and that the final certificate issued on 17 July 2019 was con