A paper presented to the Society of Construction Law at a meeting in Tunbridge Wells on 12th April 2016
Barry Hembling's paper questions why, following the 2009 amendments to the Construction Act, the courts continue to be inundated with payment related claims.He reviews the recent cases and identifies key trends, such as the courts' approach to issues of substance and timing of applications for payment.In particular, he highlights the distinction between assessment of contractual compliance and assessment of the valuation itself, and notes that the legislative changes appear to be encouraging the parties to issue further proceedings to challenge valuation assessments.He also offers practical advice to both payers and payees to help them avoid the pitfalls identified in the cases.
Introduction - B. The payment impact of the Construction Act changes - C. Contractual versus valuation assessments - D. The substance of applications for payment - E. The timing of applications for payment - F. Practical advice - G. Conclusion.
The author: Barry Hembling is a partner of Fladgate LLP, solicitors, in London.
Text 13 pages.