The importance of the statutory payment notice in adjudication
Brewer, G.
The importance of the statutory payment notice in adjudication - 2001 - Contract Journal 408(6329) 31 May 2001, 57(1) .
Discusses the importance of payment notices under the Housing Grants, Construction and Regeneration Act 1996 s110(2), which requires the paying party to issue a notice specifying the amount of the payment and the basis on which it is calculated within five days of it becoming due. Payment is usually only made in respect of works properly carried out but in "LPL Electrical services Ltd v Kershaw Mechanical Services Ltd" Kershaw's failure to issue a payment notice in respect of an application led an arbitrator to decide that it was required to pay the application in full, a decision which the Court ruled it did not have the power to overturn.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
DEFECTS
HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996 S110(2)
LPL ELECTRICAL SERVICES LTD V KERSHAW MECHANICAL SERVICES LTD
PAYMENT NOTICES
STATUTORY PAYMENT NOTICES
WITHHOLDING NOTICES
The importance of the statutory payment notice in adjudication - 2001 - Contract Journal 408(6329) 31 May 2001, 57(1) .
Discusses the importance of payment notices under the Housing Grants, Construction and Regeneration Act 1996 s110(2), which requires the paying party to issue a notice specifying the amount of the payment and the basis on which it is calculated within five days of it becoming due. Payment is usually only made in respect of works properly carried out but in "LPL Electrical services Ltd v Kershaw Mechanical Services Ltd" Kershaw's failure to issue a payment notice in respect of an application led an arbitrator to decide that it was required to pay the application in full, a decision which the Court ruled it did not have the power to overturn.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
DEFECTS
HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996 S110(2)
LPL ELECTRICAL SERVICES LTD V KERSHAW MECHANICAL SERVICES LTD
PAYMENT NOTICES
STATUTORY PAYMENT NOTICES
WITHHOLDING NOTICES