Payment Applications – The Devil’s in the Detail

In the recent case of RGB Plastering Ltd v TAWE Drylining and Plastering Ltd, the TCC considered an application by RGB Plastering Limited (“RGB”) for a declaration that an application for payment submitted by TAWE Drylining and Plastering Limited (“TAWE”) […]

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Construction Webinar – Payment during the COVID-19 pandemic

Thursday 23th April 2020 2pm This webinar is the second in a series, designed to give you helpful guidance on the issues arising out of the COVID-19 pandemic and the potential ways to protect your company in these uncertain times. […]

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Is Payment Required for the Vesting of Materials Under a Vesting Certificate?

In the recent case of VVB M&E Group Limited & Anor v Optilan (UK) Limited, the court considered the terms of two ambiguously worded vesting certificates to determine whether ownership of materials had vested in the transferee. Background In 2015, […]

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Is Requiring “sign-off” Before Payment Permissible?

The Housing Grants, Construction and Regeneration Act 1996, as amended (the “Act”) requires that all construction contracts contain a compliant regime of interim and final payments. In the recent case of Bennett (Construction) Limited (“Bennett”) v CIMC MBS Limited (formerly […]

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Can an Employer Pay a Sub-Contractor Direct and Recover the Payment from the Contractor?

In the recent arbitration appeal case of Nobiskrug GMBH (“Nobiskrug”) v Valla Yachts Limited (“Valla”), two interesting issues were remitted to the tribunal for further consideration relating to the recovery of sums via damages and undue enrichment. Background Nobiskrug was […]

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Adjudication, Enforcement, Payment and Winding-Up Petitions

Adjudication, Enforcement, Payment and Winding-Up Petitions This update considers the case of Victory House General Partner Limited, Re a Company [2018] EWHC 1143 (Ch), in which an application to restrain a winding-up petition was made following an un-paid, and enforced, […]

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Getting Paid – 10 Common Questions

Securing payment on time is crucial to survival in the construction industry. In this article, we answer 10 common questions about securing payment. 1. What can I do if the final date for payment passes and payment is not made? […]

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