000			01818cam a2200253 4500
001			ABS68124
008			040827n2004 000 0 eng u
035			_a(Sirsi) u127187
100			_aBrewer, G.
245			_aRaising withholding notices
260			_c2004
490			_aContract Journal _v424(6486) 28 July 2004, 26(1)
520			_aDiscusses "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			_aABS
590			_aABS
650			_aWITHHOLDING NOTICES
650			_aJCT WCD 1998
650			_aMJ GLEESON GROUP PLC V DEVENSHIRE GREEN HOLDING LTD
650			_aPAYMENT PROVISIONS
650			_aINTERIM PAYMENTS
650			_aADJUDICATION
690			_aDISPUTE RESOLUTION-CASE LAW
942			_n0
999			_c117912 _d117912