Gauging the impact of Section 111
- 2001
- Construction News (6727) 2 August 2001, 12(1) .
A s111 notice is required to be given if payment of the sum due is to be withheld. The notice must state in writing the amounts to be withheld and the grounds for each amount. A s111 notice for abatement is probably not necessary for defects that are obvious at the time of assessment of the work in question, but should be given in view of the conflicting court decisions so far. A s111 notice may be required for abatement of price in an interim payment for work previously paid for and subsequently found to be defective. If the last payment has been made before the defect becomes apparent, an adjudicator's order can be sought or litigation or arbitration commenced. [Taken from journal abstract].
HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996 S111 S111 NOTICES ABATEMENT WITHHOLDING PAYMENT DEFECTIVE WORK SL TIMBER SYSTEMS LTD V CARILLION CONSTRUCTION LTD WOODS HARDWICK LTD V CHILTERN AIR CONDITIONING NORTHERN DEVELOPMENTS (CUMBRIA) LTD V J & J NICHOL WHITEWAYS CONTRACTORS (SUSSEX) LTD V IMPRESA CASTELLI CONSTRUCTION UK LTD