Catherine Piercy and Louis Zvesper discuss the payment provisions of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996), with a particular focus on case law developments since Coulson J's judgment in ISG Construction Ltd v Seevic College  EWHC 4007 (TCC), culminating in Fraser J's judgment in Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd  EWHC 1763 (TCC).
This 30-minute video covers the following topics:
- Requirements of the Construction Act and the Scheme
- Principles relating to payment notices
- Subjective intention introduced into the test
- Differentiating between validity of the notice and validity of the claim
- Service of and schedules for payment notices
- Pay less notice requirements
- Failure to serve a pay less notice: the "smash and grab"
- Implications of ICI v Merit Merrell
Please visit the Practical Law website to view the full video.
This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of Chambers or by Chambers as a whole.
Please note that we do not give legal advice on individual cases which may relate to this content other than by way of formal instruction of a member of Hardwicke. However if you have any other queries about this content please contact: