Payment under the Construction Act: Old and New Regimes

Emily Monastiriotis, Emily Leonard and Helen Pearce

December 2016

A paper based on a talk to the Society of Construction Law at a meeting in County Durham on 15th November 2016

The authors explore in detail the original and current payment regimes for construction contracts in Part II of the Housing Grants, Construction and Regeneration Act 1996 (as amended), with special attention to the timescales for the serving of notices and the consequences of failure to do so. The paper includes explanations of key cases, many from the Technology and Construction Court and some from the Court of Appeal.

Introduction - Early TCC judgments - Failing to serve a pay less notice: Caledonian Modular v Mar City Developments - Serial adjudications: Harding v Paice - Interim applications and pay less notices: Jawaby Property v The Interiors Group - Challenging the validity of a payment notice: Bouygues v Febrey Structures - Interim applications: Balfour Beatty v Grove Developments - Adjudicating the actual amount due: Kilker Projects v Purton - Conclusions.

The authors all work for Bond Dickinson LLP, solicitors, in the London office: Emily Monastiriotis is a partner (emily.monastiriotis@bonddickinson.com), Emily Leonard and Helen Pearce are associates (emily.leonard@bonddickinson.com and helen.pearce@bonddickinson.com).

Text 14 pages.