50 years ago, Lord Denning stated that ‘Cash-flow’ is the life blood of the construction industry. In Walter-Ash v Modern Engineering he continued –
“Once the architect gives his certificates, they must be honoured all down the line. The employer must pay the main contractor; the main contractor must pay the subcontractor, and so forth.”
But we all know that that doesn’t happen. The Construction Act improved payment processes, and since 2011 contracts have included a rigorous payment regime which has been led to ‘Smash and Grab’ adjudications.
However, since 2011, whilst the Courts have consistently upheld a party’s right to be paid the ‘Notified Sum’, their judgments have not necessarily been consistent as to what constitutes a valid payment application, what needs to go in a Payment Notice or a Payless Notice. If you get these wrong, you may not get paid and may have no right to suspend performance.
This 4-hour Masterclass will outline the payment provisions in the Construction Act and provide participants with the tools to ensure that they are using them to maximum effect.
James Richardson BSc(Hons) MSc MRICS GDL Dip Adj FCIArb
Mark Thomas Dip Adj BSc MSc LLM FRICS FCIArb FAE
Comments from the previous course:-
"I thought I knew all about payments - Mark and James's analysis showed me how much I had been getting wrong!"
"Every QS should go on this course"
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