Raising withholding notices (Record no. 117912)

MARC details
000 -LEADER
fixed length control field 01818cam a2200253 4500
001 - CONTROL NUMBER
control field ABS68124
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 040827n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u127187
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Brewer, G.
245 ## - TITLE STATEMENT
Title Raising withholding notices
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
490 ## - SERIES STATEMENT
Series statement Contract Journal
Volume/sequential designation 424(6486) 28 July 2004, 26(1)
520 ## - SUMMARY, ETC.
Summary, etc. Discusses "MJ Gleeson Group Plc v Devonshire Green Holding Ltd" (TCC, unreported) which examined the payment provisions of the JCT Standard Form of Contract With Contractor's Design (WCD 98) in the context of an adjudicator's decision that the employer should pay the contractor the amount of its interim application for payment. Points out that WCD 98 differs from other JCT contracts in the way it deals with interim payments. When a dispute arose as to the amount payable against an interim application it was referred to adjudication. Adjudicator held that D was obliged to pay G the amount stated on the contractor's application. D refused to pay and the matter was referred to TCC for enforcement of the decision. D argued a subsequent application for an interim payment by G should defer payment, but judge refuted this claiming D was still bound by the earlier adjudicator's decision. Concludes a withholding notice may not be raised to defeat a sum ordered to be paid by an adjudicator. Under WCD 98 the contractor's application will become the amount due for interim payment unless the employer has issued notices of payment or withholding.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element WITHHOLDING NOTICES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element JCT WCD 1998
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MJ GLEESON GROUP PLC V DEVENSHIRE GREEN HOLDING LTD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PAYMENT PROVISIONS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element INTERIM PAYMENTS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ADJUDICATION
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element DISPUTE RESOLUTION-CASE LAW
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 27/08/2004   ABS68124 127187-1001 06/08/2019 1 06/08/2019 Journal article