The Scottish judge Lord Woolman gave a pithy statement: “Construction contracts contain three important regimes. One – interim certificates – cash flow during the course of the contract. The second – the final certificate – facilitates the early and conclusive resolution of all outstanding claims. The third – adjudication – avoids the lengthy construction disputes of yore.” He added: “Each regime has its own cordon sanitaire. Sometimes however, the regimes mesh. Rarely they clash. That has happened in this case. It throws a question into sharp relief: how final is a final certificate?”

“Yore” – what a lovely word. My favourite stories are about gallant knights and fair maidens in the days of yore. As for “cordon sanitaire” – it’s what we did in lockdown.

So, what’s what in this recent case from Scotland’s appeal court, the Inner House? D McLaughlin & Sons Ltd was the contractor for an extension to Hurlford Primary School, Kilmarnock, at a price slightly over £2m. East Ayrshire Council is the employer using a JCT contract.

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