The commercial concern with payless and payment notices

Throughout the years we have dealt with disputes of varying origins. Whether they are to do with payless notices or something similar, we use our tailor-made services to come up with a solution that suits everyone. Highly efficient and adjustable to reflect your budget, our assistance is something you should consider investing in.

Within the construction sector, it’s standard to gain regular or monthly payment as things carry on. To ensure that workers aren’t devoid of cash during projects, Parliament decided that cash flows had to be certified. Ever since ISG Construction Limited v Seevic College (2014), the norm has been for the paying party to pay the sum originally defined in the payment application when they don’t issue payless or payment notices. Even if the application is thought to be for an immoderate figure, they still have to pay. The worst thing is that there’s no right to amend overpayments via adjudication.

The problem here is that the administrative failure to produce payless notices can result in parties dishing out more cash than the contract price for the efforts. Following the decision of the Court of Appeal in MJ Harding Contractors v Paice & Springall back in December 2015, there was little over the following ten months that explicated the law on what required clarification.

There is a real commercial and practical importance here that we shouldn’t pay more than the completed work’s value. This would go against common sense. In the previously mentioned case, the court elected that by way of termination account, the work could be re-valued, regardless of the fact that the past adjudication demanded more payment.

At Amison Dispute Resolutions, the thing that separates us from other businesses is that we take the time to build strong relationships with clients. Having aided individuals from across the company hierarchy, we know how to approach everyone and provide them with the necessary level of support. If you are interested in working with us, please give the team a call.