000			01364cab a2200217 4500
001			ABS67394
008			040205n2003 000 0 eng u
035			_a(Sirsi) u125043
100			_aBrewer, G.
245		4	_aThe withholding of payment
260			_c2003
490			_aContract Journal _v421(6455) 3 December 2003, 31(1)
520			_aExamines "Rupert Morgan Building Services (LLC) Ltd v David Jervis and another" ([2003] EWCA Civ 1563, Abs67216) concerning the operation of the Housing Grants, Construction and Regeneration Act 1996 s111 on withholding notices. Jervis (J) was unaware of the requirements of the Act and had not given notice of intention to withhold payment. Rupert Morgan (R) sued J, but J argued they could not be sued for what was not owed. CA ruled an interim certificate determined the sum due, not the actual work done and J were obliged to pay the amount certified. Concludes that if the paying party intends to dispute the amount it must serve a s111 withholding notice, regardless of the nature of the complaint.
590			_aABS
650			_aHOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S111
650			_aWITHHOLDING NOTICES
650			_aRUPERT MORGAN BUILDING SERVICES (LLC) LTD V JERVIS AND ANOTHER
650			_aINTERIM CERTIFICATES
690			_aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
942			_n0
999			_c74118 _d74118