Be wary of authenticated VAT receipt procedures
Cottam, G.
Be wary of authenticated VAT receipt procedures - 2003 - Construction News (6822) 26 June 2003, 32(1) .
Reviews how clauses in contracts where VAT invoices or VAT receipts are involved can lead to all sorts of practical difficulties and make payment disputes harder to resolve. Looks at "Shimizu Europe Ltd v L B J Fabrications Ltd" ([2003] EWHC 1229 (TCC), [2003] BLR 381-390(10) where the dispute centred on the amount of set-off the client proposed to deduct from the sum for which L B J had applied for payment. A clause in the contract made the issue of an VAT invoice a condition precedent to any payment. Observes that the issue of whether adjudication procedures can prohibit set-off remains undecided. View judgment at www.adjudication.co.uk/.
SHIMIZU EUROPE LTD V L B J FABRICATIONS LTD
VALUE ADDED TAX
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
Be wary of authenticated VAT receipt procedures - 2003 - Construction News (6822) 26 June 2003, 32(1) .
Reviews how clauses in contracts where VAT invoices or VAT receipts are involved can lead to all sorts of practical difficulties and make payment disputes harder to resolve. Looks at "Shimizu Europe Ltd v L B J Fabrications Ltd" ([2003] EWHC 1229 (TCC), [2003] BLR 381-390(10) where the dispute centred on the amount of set-off the client proposed to deduct from the sum for which L B J had applied for payment. A clause in the contract made the issue of an VAT invoice a condition precedent to any payment. Observes that the issue of whether adjudication procedures can prohibit set-off remains undecided. View judgment at www.adjudication.co.uk/.
SHIMIZU EUROPE LTD V L B J FABRICATIONS LTD
VALUE ADDED TAX
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION