Category: remuneration

‘The TCC determined that an ambiguous set of accounts sent by email were not a valid application for interim payment, with the result that the corresponding payless notice had been issued in time. The case serves as a reminder to contractors that the substantial benefits of the HGCRA payment provisions come with the clear obligation to make the nature and content of any application for interim payment obvious to an employer, or else the courts will likely find such an application to be invalid.’

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Hardwicke Chambers, 3rd February 2016

Source: www.hardwicke.co.uk

‘The TCC had to determine whether an interim application for payment made by a contractor was valid where it was ambiguous which payment date the application had been made for. Akenhead J determined that this ambiguity would be construed against the contractor and in favour of the employer, with the result that the contractor could not reap the benefit of his own valuations becoming the sum due without having made absolutely clear to the employer the nature and purpose of each application.’

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Hardwicke Chambers, 3rd February 2016

Source: www.hardwicke.co.uk