Site icon swarb.co.uk

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 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:

Bailii

Statutes:

Housing, Grants (Construction and Regeneration) Act 1996 111

Jurisdiction:

England and Wales

Citing:

CitedClark Contracts v The Burrell Co (Construction Management) Ltd (Second Debate) ScSf 1-Oct-2002
. .
Lists of cited by and citing cases may be incomplete.

Construction

Updated: 08 June 2022; Ref: scu.187719

Exit mobile version