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Re A Company (No. 1299 of 2001)

Series: Construction Industry Law Letter ; [2001] CILL 1745-1748(4)Publication details: 2001Subject(s): Summary: ChD 15 May 2001. Cape Construction Ltd (CCL) sought an injunction to prevent Guaranteed Asphalt Ltd (GAL) from presenting a winding up petition after CCL had refused to make payments for roofing works carried out by GAL on the basis that it had claims for set-off and abatement which would have extinguished the debt. The court refused CCL's application on grounds that, as CCL had failed to serve a notice of intention to withhold payment in accordance with the Housing Grants, Construction and Regeneration Act s111 and the works had been certified by CCL's surveyor, there was an undisputed debt, and because CCL could and should have begun cross adjudication proceedings when it became aware of the problems with the works.
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Law report London Journal article ABS64218 (Browse shelf(Opens below)) 1 Available 113977-1001

ChD 15 May 2001. Cape Construction Ltd (CCL) sought an injunction to prevent Guaranteed Asphalt Ltd (GAL) from presenting a winding up petition after CCL had refused to make payments for roofing works carried out by GAL on the basis that it had claims for set-off and abatement which would have extinguished the debt. The court refused CCL's application on grounds that, as CCL had failed to serve a notice of intention to withhold payment in accordance with the Housing Grants, Construction and Regeneration Act s111 and the works had been certified by CCL's surveyor, there was an undisputed debt, and because CCL could and should have begun cross adjudication proceedings when it became aware of the problems with the works.