In March and July 2020, the Contractor issued two default payment notices (with a revised July notice purporting to replace an invalid March notice), neither of which were met with a pay less notice by the Employer.įollowing a successful true value adjudication for the value of the Contractor’s works by the Employer (the “Adjudication”), the Contractor commenced proceedings to obtain a declaration that the adjudicator’s decision was unenforceable for lack of jurisdiction. If the Contractor failed to make an application, and the Employer did not issue a payment notice within the relevant timeframe, the Contractor was entitled to issue a default payment notice. The contract (which was a construction contract under the Housing Grants, Construction and Regeneration Act 1996 (the “Construction Act”)) provided for monthly payment applications by the Contractor. ![]() ![]() ![]() The Darul Amaan Trust (the “Employer”) engaged AM Construction Ltd (the “Contractor”) to construct a mosque in Colliers Wood, London.
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