Witholding of payment

Brewer, G.

Witholding of payment - 2002 - Contract Journal 413(6379) 29 May 2002, 42(1) .

Discusses the issues surrounding the issue of a withholding notice in accordance with the Construction Act. One of the comments comes from SL Timber System v Carillion Construction, which concluded that where the paying party disputes the the amount properly due under the contract there will be no requirement to serve a witholding notice. Reports that fringe arguments still need to be discussed and these still cause some difficulty. These include the example found in Clark Contracts v The Burell Co (Construction management) where Clark in placing the case before court, did not specify the works which it had performed and simply relied upon the issue of the interim payment.


WITHOLDING PAYMENT
SL TIMBER SYSTEMS V CARILLION CONSTRUCTION
CLARK CONTRACTS V THE BURELL CO
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
JCT FORMS