Challenging a Payment Notice in the Absence of a Pay Less Notice

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Justin Mort QC

September 2018

A paper based on presentations to the Society of Construction Law at meetings in London on 14th April 2015 and 5th June 2018

This paper considers whether in circumstances where a party to a construction contract fails to serve a valid notice of its intention to pay less, that party is nonetheless entitled to challenge the notified sum in adjudication or other proceedings. Justin Mort QC provides a timely analysis of this question in light of the impending review by the Court of Appeal of Grove Developments v S&T. He examines the changes to section 111 of the Housing Grants, Construction and Regeneration Act 1996 and the differing approaches to the amended provisions taken in recent cases. He goes on to consider the question of when the paying party’s right to challenge the payment notice arises.

Introduction – Two payment regimes – The background to amended section 111 – Statements of principle – Conclusions

The author: Justin Mort QC is a barrister practising at Keating Chambers, London.

Text: 32 pages

Paper number: 
September 2018, printed and online, 1.18MB

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