The defendants had engaged the claimants under standard form clauses for construction work. They issued a notice to withold payment, but out of time.
Held: The section required the notice to be given with the prescribed period. The risk of the clients making an overpayment to a builder who subsequently became insolvent could be prevented by the issue of appropriate notices. Section 111 was not intended to deal with the final position between the parties.
Judges:
Lord Justice Schiemann Lord Justice Sedley Lord Justice Jacob
Citations:
[2003] EWCA Civ 1563, Times 26-Nov-2003
Links:
Statutes:
Housing, Grants (Construction and Regeneration) Act 1996 111
Jurisdiction:
England and Wales
Citing:
Cited – Clark Contracts v The Burrell Co (Construction Management) Ltd (Second Debate) ScSf 1-Oct-2002
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Lists of cited by and citing cases may be incomplete.
Construction
Updated: 08 June 2022; Ref: scu.187719