In Adam Architecture Ltd v Halsbury Homes Ltd, the Court of Appeal has confirmed that section 111 of the Construction Act 1996 (and the requirement to serve pay less notices) applies to payments due following completion or termination of a contract, as well as interim payments.
In giving the leading judgment, Jackson LJ said he reached this conclusion based on the clear words in the Act and in light of the authorities (of which, see below). Consequently, employers (and their agents) need to be alive to the need to serve a pay less notice in response to any such account if they wish to avoid the prospect of an adjudicator’s decision against them for the full amount claimed. Continue reading
