Won't pay? Must pay
Series: Building Services Journal ; December 2000, 43(1)Publication details: 2000Subject(s):- ABATEMENT
- MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
- WHITEWAYS CONTRACTORS (SUSSEX) LTD V IMPRESA CASTELLI CONSTRUCTION UK LTD
- CONSTRUCTION DISPUTES
- CONTRACT CLAIMS
- WITHHOLDING PAYMENT
- MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
- Dispute resolution
Item type | Current library | Call number | Copy number | Status | Date due | Barcode | |
---|---|---|---|---|---|---|---|
Journal article | London Journal article | ABS63296 (Browse shelf(Opens below)) | 1 | Available | 110315-1001 |
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Discusses the recent case of "Whiteways Contractors (Sussex) Ltd v Impresa Castelli Construction UK Ltd" where Impresa (I) refused to pay compensation after a second arbitration also decided in Whiteway (W)'s favour. The issue was over the fact that a paying party does not have to serve a notice to withhold if the basis for withholding payment is that the work provided has been defective - in this case W had not installed some fittings for which it had been paid and had applied an excessive mark-up. As a result of this case, any one in a similar situation should issue a notice of withholding, within the time limit set out in the Housing Grants, Construction and Regeneration Act 1996; while anyone in W's position can use this case to cast considerable doubt on the argument that the abatement does not require notice.