DMW Developments in payment row with architect

Property developer DMW Developments is suing architects Barrett Lloyd Davis Associates in a row over a site at Boltons Place in London SW5.

DMW agreed to pay the firm a fee of £389,079.12 for the work

DMW has refused to pay invoices submitted by Barrett Lloyd Davis, saying the invoices exceed the maximum payable under the agreement, and that the claim has been referred to adjudication.

The architects argue that as a result of DMW’s failure to give notices, the money claimed in the invoices is automatically due for payment, and contends that no investigation of the sums claimed is permissible.

DMW disputes this, and argues that the question of whether or not any sum is due should be investigated, and that the amount claimed is not automatically due as a result of the failure to serve notice.

According to a separate writ, DMW Developments is being sued over the same project by contractor Walter Lilly.

Disputes about defects in the work and entitlement to money arose between the two companies and an adjudicator was called in.

Adjudicator Rob Tate made three adjudications, in which he ordered DNW to pay a total of £406,959.27, plus interest, and his fees and expenses of £9,750 plus VAT, the writ says.

Walter Lilly and Co, of Aberford, West Yorkshire, says that DMW has not complied with his adjudications, and is asking the High Court to step in and order payment of the outstanding sums, which total £421,471.77.