If it isn’t clear, it may not be valid

A dispute arises because two parties cannot come to a mutually beneficial understanding. We however believe that our team can help them find something that’s suitable for everyone involved. No matter the altercation’s origin, be it payless notices or a similar subject, we won’t rest until all are satisfied.

The outcomes for neglecting to serve timely and valid payless and payment notices can be substantial As a result it shouldn’t be too surprising that there has been heightened tension in past cases due to failures to issue them correctly. Without this authenticity, there can’t be a notified sum thanks to the contract and, as a result, no necessity to issue these notices. Present day TCC decisions have highlighted that courts demand the payment applications to be both unambiguous and clear. This is a prerequisite that could be applied to employer notices more strictly in the future.

It came as a surprise to many after Coulson J took the approach he did during Caledonian Modular v Mar City Developments. Everyone had been working on the basis that as long as the adjudicator had asked the proper question, the fact he’d provided the incorrect answer wasn’t relevant on enforcement.

Even though Coulson J stressed that this case was not to be the norm but the exception, he contemplated whether the adjudicator had been in the right to conclude that the contractor’s payment application was a rational one for payment under the contract. This is because it was a miniscule interpretation point which could be determined by looking at the written proof alone. In the end, Coulson J opposed the claim that plausible applications had been produced. In conclusion, contractors need to draw up clear applications so employers are given fair notice that payment periods have begun.

At Amison Dispute Resolutions, we tailor our services so that we’re able to meet the vastly distinct requests of each client. Problems surrounding payless notices in particular have become frequent in recent times, and we’ve had the privilege of aiding many of those caught in the crossfire. Therefore, if there are any complications you require assistance with; we are the people you should call.