The employer received a notice of non-completion from his architect, and in turn served a notice on the contractor under section 111, and deducted damages for non-completion from the next payment. The contractor said this was not allowed because the architect had in the meantime granted an extension. Held: The contract should be construed in … Continue reading Reinwood Ltd v L Brown and Sons Ltd: HL 20 Feb 2008
The appellant sought an interim payment for works of construction undertaken for the respondents under a JCT contract. The respondents contended that, having terminated the contract on their receivership, the contract and Act meant that the interim payment was no longer payable. Held: (Neuberger and Mance dissenting) The appeal was allowed. Lord Hoffmann: Parliament had … Continue reading Melville Dundas Ltd and others v George Wimpey UK Ltd and others: HL 25 Apr 2007
The claimant sought payment under its invoice for construction works. The contractor gave notice of its intention to withhold payment, and then also sought to refer the matter to arbitration. The claimant said that the notice had prevented the reference, and appealed a stay pending the arbitration. Held: The appeal failed. There was nothing in … Continue reading Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd: CA 7 Dec 2004
Judges: Sheriff J.A. Taylor Citations: 2002 SLT 103 Links: ScotC Statutes: Housing Grants, Construction and Regeneration Act 1996 111 Jurisdiction: Scotland Cited by: Cited – Rupert Morgan Building Services (LLC) Ltd v Jervis and Jervis CA 12-Nov-2003 The defendants had engaged the claimants under standard form clauses for construction work. They issued a notice to … Continue reading Clark Contracts v The Burrell Co (Construction Management) Ltd (Second Debate): ScSf 1 Oct 2002
Appeal by a firm of architects in litigation concerning its entitlement to recover fees following termination of its engagement. The principal issue in this appeal is whether Section 111 of the 1996 Act applies only to interim payments or whether it also applies to payments due following completion of the works or termination of the … Continue reading Adam Architecture Ltd v Halsbury Homes Ltd: CA 2 Nov 2017
The court heard applications in adjudication enforcement proceedings between consultants and their employer, issues being raised about the extent to which the construction contract between the parties was in writing for the purposes of Section 107 of the Housing Grants, Construction and Regeneration Act 1996 (‘HGCRA’) and in relation to the extent and scope of … Continue reading Sprunt Ltd v London Borough of Camden: TCC 6 Dec 2011
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 … Continue reading Rupert Morgan Building Services (LLC) Ltd v Jervis and Jervis: CA 12 Nov 2003
Adjudication – Compliance with adjudicator’s decision – Whether compliance enforceable by summary judgment despite assertion of set-off – Whether set-off raised before date for payment under decision. Citations: Unreported, 13 Jan 2000 Statutes: Housing Grants, Construction and Regeneration Act 1996 111 Construction Updated: 11 April 2022; Ref: scu.135996
The court considered the potential difficulty of payment provisions under a contract concerned with both construction operations and operations which are excluded by the 1996 Act (sometimes referred to as a hybrid contract), and the particular consequences for such a contract of the notice provisions in sections 110, 110A, 110B and 111 of the Act, … Continue reading Severfield (UK) Ltd v Duro Felguera UK Ltd: TCC 24 Nov 2015
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