000			02177cad a22002295a 4500
001			L140192
008			070911e20070717xxk f v 000 0 eng d
035			_a(Sirsi) u140192
041	0		_aeng
245	0	0	_aPierce Design International Ltd v Johnston and another _h[electronic resource]
260			_c2007
520			_a[2007] EWHC 1691 (TCC), 17 July 2007. Considered whether an employer, who has not paid sums due to the contractor, can stop the contractor from enforcing its right to payment by relying on its subsequent determination of the contractor's employment under that contract. Respondents (J) had engaged the applicant contractor (P) to carry out construction works at their property, and the contract incorporated the JCT Standard Form of Building Contract (1998 Edition). J failed to make interim payments to P, P issued proceedings, and J made cross-claims regarding alleged defects and incomplete works. P argued that clause 27.6.5.1 of the JCT contract, which enabled an employer not to pay a sum due despite the absence of a withholding notice, was not in line with the Housing Grants, Construction and Regeneration Act 1996 s111 and that "Melville Dundas Ltd (In Receivership) v George Wimpey UK Ltd" ([2007] UKHL 18, L137943) should be restricted to its facts. "Held": "Melville" applied and the first basis for P's application failed. However, the non-payment by J amounted to a breach of the JCT contract, and the clause stopped J from relying on their cross-claim to defeat P's claim for the sums due. On this basis P was entitled to summary judgment.
590			_aKA
650	2	4	_aPIERCE DESIGN INTERNATIONAL LTD V JOHNSTON AND ANOTHER
650	2	4	_aMELVILLE DUNDAS LIMITED (IN RECEIVERSHIP) V GEORGE WIMPEY UK LIMITED AND ANOTHER
650	2	4	_aJCT STANDARD FORM OF BUILDING CONTRACT (1998 EDITION)
650	2	4	_aHOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S111
651		4	_aEngland and Wales _y1543-
690			_aBUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
856	4	0	_uhttps://www.bailii.org/ew/cases/EWHC/TCC/2007/1691.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c79224 _d79224