000 01795cam a2200217 4500
001 ABS67216
008 031128n2003 000 0 eng u
035 _a(Sirsi) u124517
245 _aRupert Morgan Building Services (LLC) Ltd v David Jervis and Harriet Jervis
_h[electronic resource]
260 _c2003
490 _aBuilding Law Reports
_v[2004] 1 BLR 18-22(5)
520 _a[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.
590 _aABS
650 _aHOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S111
650 _aWITHHOLDING NOTICES
650 _aINTERIM CERTIFICATES
650 _aRUPERT MORGAN BUILDING SERVICES (LLC) LTD V JERVIS AND ANOTHER
690 _aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
856 _uhttps://www.adjudication.co.uk/cases/morgan.htm
_zView judgment at www.adjudication.co.uk
942 _n0
999 _c73894
_d73894