Won't pay? Must pay
- 2000
- Building Services Journal December 2000, 43(1) .
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.
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