Payment

Q&As

How much can a contractor claim from the employer if it suspends the works for non-payment?

How much can a contractor claim from the employer if it suspends the works for non-payment?In short, there is no formula or rule for determining the...

31st Jul

Q&As

If a construction project is under a JCT Intermediate Building Contract with Contractor’s Design 2016, is the employer entitled to withhold all of the retention monies in the event of the contractor’s insolvency?

If a construction project is under a JCT Intermediate Building Contract with Contractor’s Design 2016, is the employer entitled to withhold all of the...

Produced in partnership with Abdul Jinadu of Keating Chambers 31st Jul

Q&As

If a contractor is insolvent, can its sub-contractor claim outstanding payments directly from the employer?

If a contractor is insolvent, can its sub-contractor claim outstanding payments directly from the employer?If the main contractor becomes insolvent,...

31st Jul

Q&As

Can wasted time be claimed as damages?

Can wasted time be claimed as damages?When dealing with a claim for financial loss, a party may claim damages for wasted staff time if those staff...

31st Jul

Q&As

What are preliminaries in a construction contract?

What are preliminaries in a construction contract?What are prelims?‘Preliminaries’ in a construction contract, or ‘prelims’, is typically taken to...

31st Jul

Q&As

What is the difference between 'uniquely identifiable' listed items and 'not uniquely identifiable' listed items?

What is the difference between 'uniquely identifiable' listed items and 'not uniquely identifiable' listed items?Listed Items are commonly included...

31st Jul

Q&As

Would a clause in a sub-contract fall foul of HGCRA 1996, s 113 if it provided for the sub-contractor to be paid by the earlier of (i) the date when the contractor is paid and (ii) a long-stop date?

Would a clause in a sub-contract fall foul of HGCRA 1996, s 113 if it provided for the sub-contractor to be paid by the earlier of (i) the date when...

Produced in partnership with Abdul Jinadu of Keating Chambers 31st Jul

Q&As

Could you direct me to any information regarding the validity of schedules, notices etc delivered under a Design and Build Contract 2011, when delivered by someone who is not the 'employer's agent' as defined in the contract?

Could you direct me to any information regarding the validity of schedules, notices etc delivered under a Design and Build Contract 2011, when...

31st Jul

Q&As

Are you aware of any examples of a contractor bringing adjudication proceedings to recover retention monies due to it?

Are you aware of any examples of a contractor bringing adjudication proceedings to recover retention monies due to it?Retention is the name given to...

31st Jul

Q&As

Are road maintenance works (such as verge, gulley and drain cleaning and grass cutting) ‘construction operations’ under the Housing Grants, Construction and Regeneration Act 1996?

Are road maintenance works (such as verge, gulley and drain cleaning and grass cutting) ‘construction operations’ under the Housing Grants,...

31st Jul

Q&As

How are head office overheads and loss of profit assessed as part of a contractor's claim for loss and expense?

How are head office overheads and loss of profit assessed as part of a contractor's claim for loss and expense?What is a claim for loss and...

31st Jul

Q&As

My client wants to add a direct payment to sub-contractors clause in the building contract—what are the implications/risks?

My client wants to add a direct payment to sub-contractors clause in the building contract—what are the implications/risks?The employer on a...

31st Jul

Q&As

Under the JCT Intermediate Sub-Contract 2011, are retention monies repaid following the Final Release Date even if defects exist?

Under the JCT Intermediate Sub-Contract 2011, are retention monies repaid following the Final Release Date even if defects exist?Under the JCT...

31st Jul

Q&As

Is there a maximum time limit for which retention under a building contract can be withheld?

Is there a maximum time limit for which retention under a building contract can be withheld?Retention is the money retained from interim payments, by...

31st Jul

Q&As

Is there any guidance on whether a pay less notice can specify a negative sum?

Is there any guidance on whether a pay less notice can specify a negative sum?The statutory basis of pay less notices is to be found in the Housing...

Produced in partnership with Abdul Jinadu of Keating Chambers 31st Jul

Q&As

When does the title of off site materials that have been paid for by the contractor pass to the contractor under a standard JCT Design and Build Sub-Contract 2016?

When does the title of off site materials that have been paid for by the contractor pass to the contractor under a standard JCT Design and Build...

31st Jul

Q&As

How do clauses 1.8.2 and 4.24.6 of the JCT Design and Build Contract 2016 fit together? To avoid a final statement becoming conclusive, must proceedings always be commenced within 28 days of its issue, even if this is a long time before the due date for final payment?

How do clauses 1.8.2 and 4.24.6 of the JCT Design and Build Contract 2016 fit together? To avoid a final statement becoming conclusive, must...

Produced in partnership with Abdul-Lateef Jinadu of Keating Chambers 31st Jul

Q&As

Can a party correct mistakes in a pay less notice in response to a final account claim?

Can a party correct mistakes in a pay less notice in response to a final account claim?This Q&A looks at whether a party can correct mistakes in a pay...

Produced in partnership with Abdul Jinadu of Keating Chambers 31st Jul

Q&As

In light of the TCC’s comments in Rochford v Kilhan [2020] EWHC 941 (TCC) on determining the final date for payment, should it be assumed that payment provisions which set the final date for payment by reference to an event or mechanism, fails to comply with the requirements of section 110(1) of the Housing Grants, Construction and Regeneration Act 1996?

In light of the TCC’s comments in Rochford v Kilhan [2020] EWHC 941 (TCC) on determining the final date for payment, should it be assumed that payment...

31st Jul

Q&As

What makes a valid retention of title clause?

What makes a valid retention of title clause?At its simplest, a retention of title clause is a provision in a contract which allows the seller to...

31st Jul

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