Make sure your notice is present and correct
Klein, R.
Make sure your notice is present and correct - 2001 - Construction News (6734) 20 September 2001, 53(1) .
Discusses "Millers Specialist Joinery v Nobles Construction", which illustrates that any contractor who wishes to withhold payment to a supplier must ensure that it issues the correct notice of its intention to do so. Consideration was given to Construction Act 1996 s111(1). The judge found the effect of s111(1) to be that, in the absence of a witholding notice, the payer could not refuse payment of that claimed as due under the contract. Paying parties must therefore ensure they issue any withholding notice before the final date for payment. Failure to do this will also mean that the onus is on them to recoup any overpayment. Full judgment available at: http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/C3A13776086162B2802569A7004E7531?OpenDocument.
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S111(1)
MILLERS SPECIALIST JOINERY LTD V NOBLES CONSTRUCTION LTD
WITHOLDING PAYMENT
NOTICE
SUPPLIERS
CONTRACTORS
Make sure your notice is present and correct - 2001 - Construction News (6734) 20 September 2001, 53(1) .
Discusses "Millers Specialist Joinery v Nobles Construction", which illustrates that any contractor who wishes to withhold payment to a supplier must ensure that it issues the correct notice of its intention to do so. Consideration was given to Construction Act 1996 s111(1). The judge found the effect of s111(1) to be that, in the absence of a witholding notice, the payer could not refuse payment of that claimed as due under the contract. Paying parties must therefore ensure they issue any withholding notice before the final date for payment. Failure to do this will also mean that the onus is on them to recoup any overpayment. Full judgment available at: http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/C3A13776086162B2802569A7004E7531?OpenDocument.
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S111(1)
MILLERS SPECIALIST JOINERY LTD V NOBLES CONSTRUCTION LTD
WITHOLDING PAYMENT
NOTICE
SUPPLIERS
CONTRACTORS