There is a plethora of reasons as to why a dispute may take form. Not surprising payless notices are responsible for a few of them. When an argument surrounding this topic does occur, we work for the benefit of every party involved so that we can find common ground between the opposing sides. Very flexible and possessing the ability to tailor services when the need calls for it, our team members are the ones you can trust to act as your intermediaries.
Under the 2011 edition of the JCT Standard Building Contract, employers must pay the entire amount that the contractor applies for. This is the case as long as the contractor tenders a proper payment application and there’s no interim certificate that has been presented by the CA, or a payless notice produced on the employer’s behalf. It doesn’t matter here whether the contractor is actually allowed to take the money that they claimed during the applications for payment.
One of the major concerns here is that contractors tend to submit documentation that doesn’t clearly state that they’re intended by the contractor to be payment applications and/or don’t adequately define what due date they’re trying to relate to. This makes it incredibly challenging for employers to determine if and when payless notices must be distributed by them.
In the case of Henia Investments Inc v Beck Interiors Ltd, the court explicitly stated that if a document supplied by the contractor was to take effect as an interim application, it needed to be made clear so that each party could take the required actions. While it might not be completely essential that the pertinent due date is referenced, it has to be unambiguous and clear that an application, which relates to a specified date, is being created. If this isn’t the case, it shall not take effect as an authentic interim application.
At Amison Dispute Resolutions, we aim to provide solutions that suit both your unique requirements and budget. Something that truly sets us apart from other organisations however is that we prefer to build long standing relationships with our clients so that we’re able to give them the level of support and attention that they deserve.
If we can be of any help to you in regards to payless notices or disputes arising for other reasons, please tell us.