- June 15, 2022
The obligation to pay a notified sum where the contractor is insolvent
The general rule created by section 111 of the Construction Act 1996 is well known: in the absence of a pay less notice, the notified sum is to be paid without set-off or deduction. Although this is capable of causing problems for an employer in the short term, any overpayments can usually be corrected in … Continue reading The obligation to pay a notified sum where the contractor is insolvent →
- June 9, 2021
The limits of a reply
A claimant who receives a defence is not required to take any further step in relation to the statements of case. It can consider the pleadings closed and seek to move on to directions, disclosure, evidence and ultimately trial. Nevertheless, sometimes the claimant will want to react to or deal with the allegations made in … Continue reading The limits of a reply →