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This case examined the payment provisions under the JCT contract, and confirmed what a contractor needs to include in a payment notice. It also confirmed that an employer can issue a pay less notice in relation to a Contract Administrator’s
valuation and that it is not necessary for the Contract Administrator to have operated the extension of time provisions to entitle the employer to deduct LADs.
Henia had engaged Beck under the JCT Standard Building Contract (SBC). The works were delayed and the Contract Administrator issued a Non-Completion Certificate. Communications followed that Beck claimed were sufficient to trigger the extension of time
provisions under the JCT.
The contract included the usual JCT requirements for payments and provided for due dates of the 29th of each month. This particular dispute concerned payment applications 18 and 19:
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Becky Johnson is a solicitor specialising in non-contentious construction law. Becky also has experience in advising in connection with construction disputes, including adjudication. Becky joined Lexis®PSL in 2014. She qualified as a solicitor at Olswang LLP in 2009 and subsequently joined Wedlake Bell LLP in 2011. Becky is experienced in advising clients across the construction industry including developers, funders, contractors, consultants and specialist sub-contractors in relation to all matters relating to construction projects.
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