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Rupert Morgan Building Services (LLC) Ltd v David Jervis and Harriet Jervis [electronic resource]

Series: Building Law Reports ; [2004] 1 BLR 18-22(5)Publication details: 2003Subject(s): Online resources: Summary: [2003] EWCA Civ 1563, 12 November 2003. The appellant defendents (J) were having building works on their cottage by the claimants builders (R). J had engaged an architect and the contract was a ASI Standard Form. R was being paid on an interim basis pursuant to the scheme of the contract. Under the contract the architect was to issue an interim certificate, based on a bill presented by R. J refused to make full payment on the presentation of the seventh interim certificate, contending that it included items already paid or incorrectly charged as extras and snagging works. J did not serve a notice of intention to withhold payment in accordance with Housing Grants, Construction and Regeneration Act 1996 s111. R sued J, but J argued they could not be sued for what was not owed. "Held" CA ruled the certificate determined the sum due, not the actual work done. J were obliged to pay the amount certified having not served a withholding notice. View judgment at www.courtservice.gov.uk.
Holdings
Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS67216 (Browse shelf(Opens below)) 1 Available 124517-1001

[2003] EWCA Civ 1563, 12 November 2003. The appellant defendents (J) were having building works on their cottage by the claimants builders (R). J had engaged an architect and the contract was a ASI Standard Form. R was being paid on an interim basis pursuant to the scheme of the contract. Under the contract the architect was to issue an interim certificate, based on a bill presented by R. J refused to make full payment on the presentation of the seventh interim certificate, contending that it included items already paid or incorrectly charged as extras and snagging works. J did not serve a notice of intention to withhold payment in accordance with Housing Grants, Construction and Regeneration Act 1996 s111. R sued J, but J argued they could not be sued for what was not owed. "Held" CA ruled the certificate determined the sum due, not the actual work done. J were obliged to pay the amount certified having not served a withholding notice. View judgment at www.courtservice.gov.uk.