000 01376cam a2200217 4500
001 ABS64218
008 010807n2001 000 0 eng u
035 _a(Sirsi) u113977
245 _aRe A Company (No. 1299 of 2001)
260 _c2001
490 _aConstruction Industry Law Letter
_v[2001] CILL 1745-1748(4)
520 _aChD 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.
590 _aABS
650 _aCAPE CONSTRUCTION LTD V GUARANTEED ASPHALT LTD
650 _aHOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996 S111
650 _aNOTICE OF INTENTION
650 _aWINDING-UP ORDERS
650 _aWITHOLDING PAYMENT
690 _aBUILDING AND CONSTRUCTION-LAW
942 _n0
999 _c67927
_d67927