Pay less notices can potentially cause a wide array of disputes in construction projects. It is important to understand what they are, when they should be used, and what the law says about them.
Whilst lower that contractually stipulated payments are viewed as something of the norm in the construction sector, doing so without issuing a complete and correct pay less notice can be quite problematic. This, it is important to note, is the case even when other documentation and amendments submitted effectively substantiate the lower amount paid.
In terms of understanding the delays and damage caused by missing or incomplete pay less notices one usually need look no further than the rulings relating to this from the Technology and Construction Courts (TCC). Whilst the merits and mitigating circumstances of each individual case are of course considered in each instance, the overall conclusion one will reach is that, legally, the lack of following correct procedures is usually not viewed in a positive light.
There are a number of instances where the issuing of a specific pay less notice seems either superfluous or simply a matter of generating more paperwork. We understand this view and are sympathetic to it. The service we provide, however, is dedicated to ensuring that you are aware of the potential risks and liabilities when faced with such circumstances. Even when a pay less notification seems to be a simple duplication of a contract amendment it must be issued in order to make certain of contractual compliance.
We provide you with a comprehensive service in respect of pay less notices. Whether you are at the stage where one must be issued or need assistance with arbitration or a possible TCC hearing as a result of a dispute we will know how to place you in the best position possible. With an ever increasing number of complexities and liabilities being associated with construction contracts our dispute resolution services are designed to keep your interests as protected as possible.