Case studies

"It really is saving us a huge number of hours over the days, weeks and months. Having more relevant support at hand, not having to draft or review documents them from scratch - it all adds up."

Southampton FC

Access all 12 documents on Pay Less Notice

GET ACCESS NOW

GLOSSARY

Pay Less Notice definition

/peɪ/ /lɛs/ /ˈnəʊtɪs/

Published by a LexisNexis Construction expert

What does Pay Less Notice mean?

A notice given under section 111(3) of the housing grants, construction and regeneration act 1996 (HGCRA 1996) by a payer (or specified person) to the payee if the payer intends to pay less than the sum notified as due.

Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

Final payment in JCT Standard Building Contract 2011—flowchart [Archived]

Final payment in JCT Standard Building Contract 2011—flowchart [Archived] ARCHIVED: This flowchart has been archived and is not maintained. This flowchart illustrates the final

Final payment in JCT Intermediate Building Contract 2016—flowchart

Final payment in JCT Intermediate Building Contract 2016—flowchart This flowchart illustrates the final

Discover our 3 Flowcharts on Pay Less Notice

Evidence in adjudication

Evidence in adjudication Produced in association with 4 Pump Court. This Practice Note looks at the types of evidence that may be used in an adjudication, including supporting documents, evidence from witnesses of fact and expert evidence. It also considers how evidence should be presented in adjudication, whether documents may be kept confidential, how disclosure requests might be permitted, and the ability to rely upon evidence or documents from previous adjudications. There are generally no strict rules as to the format or type of evidence which must be provided in an adjudication. The guidance below on the use of evidence is of general application unless contradicted by something in a particular contract or set of adjudication rules. The aim of both parties should be to present their case to the adjudicator as clearly and intelligibly as possible. Too much material can obscure the real issues. However, if too little material is provided with the Referral Notice or Response (or any other submissions), the result can be an...

Construction case law tracker―2025

Construction case law tracker―2025 For previous years, see the Construction case law tracker―2024, Construction law case tracker (2021–2023, with cases listed in reverse chronological order), 2020, 2019, 2018, 2017, 2016 and 2015 archives. Public procurement cases are listed in the UK public procurement case tracker and the EU public procurement case tracker. Key upcoming appeal cases are listed in the Construction horizon scanner. Judgment date Case Topic News Analysis/further reading Summary 21 May 2025 URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21 Building safety News Analysis: Supreme Court holds retrospective effect of section 135 of the BSA 2022 applies to claims dependent on section 1 of the DPA 1972 (URS Corporation Ltd v BDW Trading Ltd) The Supreme Court has dismissed all four grounds of appeal, holding that the retrospective limitation period under section 135(3) of the Building Safety Act 2022 (BSA 2022), applies not only to claims brought directly under section 1 of the Defective Premises Act 1972 (DPA 1972), but also to claims that are...

Discover our 2 Practice Notes on Pay Less Notice

Notice of withholding [Archived]

Notice of withholding [Archived] Project Title: Reference/Works Package: Date: To: Date of Payment Notice: [Sub-]Contractor’s Application Reference No: [number] Dated: [date] ARCHIVED: This Precedent has been archived and is not maintained. This Notice is made pursuant to Section 111 of the Housing Grants, Construction and Regeneration Act 1996 and clause(s) [insert clause number(s)] of the contract dated [insert date]. We refer to your application for payment (as represented above) and notify you of our intention to withhold payment from the same. The amount(s) proposed to be withheld and the ground(s) for withholding are set out below:

Special Conditions: Institution of Chemical Engineers (IChemE) Form of Contract—Lump Sum Contracts, the Red Book, fifth edition (2013)

Special Conditions: Institution of Chemical Engineers (IChemE) Form of Contract—Lump Sum Contracts, the Red Book, fifth edition (2013) Special Conditions: Amendments to the General Conditions of Contract of the Institution of Chemical Engineers (IChemE) Form of Contract—Lump Sum Contracts, the Red Book, fifth edition (2013) Special Conditions The General Conditions in the IChemE Red Book, fifth edition (2013) shall have effect as modified by the following: Agreement Paragraph 8 In paragraph 8, delete ‘6.3’. Paragraph 14 In paragraph 14, after ‘fax number’ add: ‘or email address’. Insert ‘Email Address’ in the contact details section of both the Purchaser and the Contractor. Paragraph 16 Delete paragraph 16 and insert ‘Not used’. 1. Definitions, interpretation, waiver and Notices Sub-clause 1.1 1.1 In the definition of Cost, after ‘properly’ insert ‘, reasonably and necessarily’. In the definition of Legislation, at the end add (including Acts of Parliament and subordinate instruments; orders; rules and/or regulations made thereunder; and/or the rules; regulations and/or bye-laws made by any...

Dive into our 8 Precedents related to Pay Less Notice

Lexis®PSL Dispute Resolution weekly highlights—3 November 2016

Welcome to the weekly highlights from the Lexis®PSL Dispute Resolution team for the week ending 3 November 2016. This week, we feature the release of the second edition of the Pre-Action Protocol for the Construction and Engineering Disputes and the breaking Brexit news following the High Court’s decision in R (Miller) v Secretary of State for Exiting the European Union. We also highlight news and analysis on a broad range of matters, including: contributory claims and freezing injunctions (Kazakhstan Kagazy); the meaning of a counterclaim under Brussels I (Marjan Kostanjevec); contempt (Heathcliffe Properties); and, costs and ATE policies (Premier MotorAuctions). We also identify relevant analysis from other Practice Areas, our updated content and the latest Q&As. All this, and more, in our weekly highlights.

In brief—arbitral appeal concerning payment following termination (Sisk v Carmel)

Construction analysis: Mrs Justice Carr in the Technology and Construction Court considered an appeal from an arbitral award under section 69 of the Arbitration Act 1996, where the underlying dispute concerned payment following termination under a JCT Standard Building Sub-Contract 2005 (revision 1, 2007). The court held that the arbitrator (i) was correct to consider that the contractor had an evidential burden to overcome in relation to the value of the subcontractor’s works on termination, due to an interim valuation which had been agreed shortly before, (ii) had not held that the contractor’s claim was a global claim/total costs claim, and (iii) was correct to award the subcontractor interest under the Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998) on the sum due following termination.

Read the latest 2 News articles on Pay Less Notice