000			01771cam a2200253 4500
001			ABS63296
008			000000n2000 000 0 eng u
035			_a(Sirsi) u110315
100			_aOwen, C
245			_aWon't pay? Must pay
260			_c2000
490			_aBuilding Services Journal _v December 2000, 43(1)
520			_aDiscusses 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.
590			_aABS
650			_aABATEMENT
650			_aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
650			_aWHITEWAYS CONTRACTORS (SUSSEX) LTD V IMPRESA CASTELLI CONSTRUCTION UK LTD
650			_aCONSTRUCTION DISPUTES
650			_aCONTRACT CLAIMS
650			_aWITHHOLDING PAYMENT
650			_aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
690			_aDispute resolution _96236
942			_n0
999			_c65787 _d65787