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Court considers requirements of HGCRA 1996, ss 109–110 (JSM Construction v Western Power Distribution)

Court considers requirements of HGCRA 1996, ss 109–110 (JSM Construction v Western Power Distribution)
Published on: 07 January 2021
Published by: LexisPSL
  • Court considers requirements of HGCRA 1996, ss 109–110 (JSM Construction v Western Power Distribution)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Interim payment mechanism
  • Final payments
  • Case details

Article summary

Construction analysis: The Technology and Construction Court (TCC) refused to strike out the claimant’s claim, or give summary judgment against it, in a case that raised the issue of whether the claimant had been entitled to issue an invoice for its final account. The defendant argued that the claimant was bound to fail in its claim that, because the parties’ contract contained no final account regime, the contract did not provide an adequate payment mechanism as required by Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), and a provision for final payment was therefore imported from the Scheme for Construction Contracts. However, the court considered that the adequacy of the payment mechanism was a fact-sensitive issue, on which it could not reach a conclusion at this stage. or take a trial to read the full analysis.

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