This is a Scottish case that considered what is required to satisfy the wording “the basis on which that sum is calculated” for pay less notices. Simply stating the amount due was zero, but not adding any more information rendered the pay less notice invalid in this case.
After the 2016 judgment in Lulu Construction Ltd (“Lulu”) v Mulalley & Co Ltd, the door on recovering costs in adjudication was ajar. The recent unreported case of Enviroflow Management Limited v Redhill Works (Nottingham) Limited may have closed it.
The issue is how the Housing Grants, Construction and Regeneration Act 1996
Cyden Homes Limited (the “Defendant”) engaged North Midland Building Limited (the “Claimant”) to design and construct a large house (known as ‘South Farm’) plus outbuildings. The contract used was the JCT Design & Build Contract 2005 with bespoke amendments.
The amendment at issue in this case concerned the extension of time provision where the employer has received notification of
Data protection anoraks across the European Union (myself proudly included) eagerly awoke on 1 January this year with only one thought in mind: next year the General Data Protection Regulation (GDPR) will come into effect. After years of dialogue, tweaking, pondering and waiting, the GDPR will become applicable in the UK on 25 May 2018. Rejoice!
Cases such as ISG v Seevic[1] and Galliford Try v Estura[2] illustrate the problems that can occur when a payer fails to issue the required payment or payless notices. The aforementioned cases established the principle that where, in respect of interim payment applications, there is an absence of the appropriate notices, an adjudicator cannot deal with the issue
We use technologies like cookies to store and/or access device information. We do this to improve browsing experience and to show (non-) personalised ads. Consenting to these technologies will allow us to process data such as browsing behaviour or unique IDs on this site. Not consenting or withdrawing consent, may adversely affect certain features and functions.
Functional
Always active
The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
Preferences
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Statistics
The technical storage or access that is used exclusively for statistical purposes.The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
Marketing
The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.