Withholding notice definition

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Adjudication enforcement—use of insolvency proceedings

Produced in association with 4 Pump CourtThis Practice Note considers the possibility of using insolvency proceedings to enforce an adjudicator’s decision.For guidance on the ability of an insolvent party to pursue an adjudication, and enforce an adjudicator’s decision, see Practice Notes: The right to adjudicate—Restrictions and limitations on right to adjudicate and Adjudication—resisting enforcement using a stay of execution—Claimant in liquidation, administration or a CVA.Use of insolvency proceedings in adjudication enforcementInsolvency proceedings will rarely be the most efficient or appropriate means of enforcing the decision of an adjudicator. The Technology and Construction Court’s (TCC’s) enforcement procedures are specifically tailored for quick adjudication enforcement, and the test to be applied varies from that which is usually applied in insolvency proceedings.In Harlow & Milner v Linda Teasdale, the TCC noted (when considering costs incurred in bankruptcy proceedings which had since been withdrawn) that:•it was not easy to understand why the bankruptcy proceedings had been issued. The appropriate way of enforcing the adjudicator's decision was to issue enforcement proceedings in the TCC, which...

Hierarchy of documents within a construction contract

Hierarchy of documents within a construction contract This Practice Note considers hierarchy of documents clauses within a building contract (otherwise known as order of precedence clauses, precedence clauses or priority of documents clauses). Construction contracts can be lengthy and made up of a number of different documents, both legal and technical—this Practice Note looks at how the courts approach a contract when there is a conflict between different elements of them. It looks at how the priority of contract documents can be expressly dealt with in the conditions themselves, how effective these clauses will be in a dispute, and contains example hierarchy of documents clauses setting out the order of precedence of various contract documents. It also considers how standard form building contracts, including JCT, NEC and FIDIC, deal with the hierarchy of documents, the effect of BIM protocols, and looks at general common law rules as to the priority of documents within a construction contract. Hierarchy of construction documents Building contracts for construction projects are...

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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: