If you work in the construction industry you will probably be familiar with conclusive evidence clauses and their effects. They are clauses that provide a mechanism to determine whether a final notice, certificate or statement given under a construction contract is final and binding, therefore providing certainty as to parties’ obligations at the completion of a project

In Battersea Project Phase 2 Development Company Ltd (BPS) vs QFS Scaffolding Ltd (QFS) [2024], the court looked at the interplay between a conclusive evidence clause and adjudication proceedings that prevented conclusivity.

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