Geoff Brewer examines whether witholding notices are necessary in payment disputes
Brewer, G.
Geoff Brewer examines whether witholding notices are necessary in payment disputes - 2001 - Contract Journal 409(6335) 11 July 2001, 22(1) .
Discusses the Construction Act 1996 s110(2) which involves the requirements for payment notices. Argues that the Technology and Construction Court has not provided clear guidance on the operation of these provisions but that a recent case "SL Timber Systems v Carillion Construction" (2001) does offer definite guidance at last. SL Timber argued that Carillion had failed to give payment or witholding notices and therefore payment should be made without further enquiry. The outcome of the case however,illustrates that the absence of a Section 110(2) payment notice does not prevent the paying party from arguing that the money claimed is not due under the contractual terms.
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S110(2)
SL TIMBER SYSTEMS LTD V CARILLION CONSTRUCTION LTD
PAYMENT NOTICES
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
DISPUTES
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
PAYMENTS
Geoff Brewer examines whether witholding notices are necessary in payment disputes - 2001 - Contract Journal 409(6335) 11 July 2001, 22(1) .
Discusses the Construction Act 1996 s110(2) which involves the requirements for payment notices. Argues that the Technology and Construction Court has not provided clear guidance on the operation of these provisions but that a recent case "SL Timber Systems v Carillion Construction" (2001) does offer definite guidance at last. SL Timber argued that Carillion had failed to give payment or witholding notices and therefore payment should be made without further enquiry. The outcome of the case however,illustrates that the absence of a Section 110(2) payment notice does not prevent the paying party from arguing that the money claimed is not due under the contractual terms.
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S110(2)
SL TIMBER SYSTEMS LTD V CARILLION CONSTRUCTION LTD
PAYMENT NOTICES
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
DISPUTES
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
PAYMENTS