Payment certificates
Brewer, Geoff
Payment certificates - 2005 - Contract Journal 429(6534) 20 July 2005, 30(1) .
Discusses the case Henry Boot Construction Ltd v Alstom Combined Cycles Ltd ([2005] EWCA Civ 814) which considered the issue of the application of the Limitation Act 1980 to payment claims. The original arbitration involved a final certificate issued for £44m when the total sum in the final account was £102m. Alstom claimed that Boot's claims were statute barred at the date of the final certificate and no further monies were due to Boot. The arbitrator agreed with Alstom but Boot appealed. The CA allowed Boot's appeal on the grounds that a contractor's right to payment under the ICE standard construction contract arose when the a payment certificate was issued or ought to have been issued under Clause 60 and not when the work was done.
HENRY BOOT CONSTRUCTION V ALSTOM COMBINED CYCLES
Payment certificates - 2005 - Contract Journal 429(6534) 20 July 2005, 30(1) .
Discusses the case Henry Boot Construction Ltd v Alstom Combined Cycles Ltd ([2005] EWCA Civ 814) which considered the issue of the application of the Limitation Act 1980 to payment claims. The original arbitration involved a final certificate issued for £44m when the total sum in the final account was £102m. Alstom claimed that Boot's claims were statute barred at the date of the final certificate and no further monies were due to Boot. The arbitrator agreed with Alstom but Boot appealed. The CA allowed Boot's appeal on the grounds that a contractor's right to payment under the ICE standard construction contract arose when the a payment certificate was issued or ought to have been issued under Clause 60 and not when the work was done.
HENRY BOOT CONSTRUCTION V ALSTOM COMBINED CYCLES