A series of 3 x 2-hour evening sessions - Wednesdays 1st, 8th & 22nd Nov 2023 - 6.00 – 8.00pm
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.
The purpose of these workshops is to outline the payment provisions in the Construction Act and provide participants with the tools to ensure that they are using them to maximum effect. The workshops will-
• Review the payment provision in the Construction Act.
• Consider how standard forms of contract comply with these provisions.
• Analyse what the courts require of a Notice for it to be valid.
• Consider how payers and payees can best strengthen their positions.
• Consider how a payee may gain the right to suspend work and when they should use it.
• Assess what a party can do when the other side does not comply with its obligations under the Construction Act.