Can a contractor withhold retention on a project we are only supplying a product to? Problem: What are the rules on retention? Could you advise us if we should be allowing a contractor to withhold retention on a project which we are only supplying a product to? We have not yet accepted the order from […]
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Insurances required for self-build projects in the UK Problem: Building our dream home and need to know which insurances we need throughout the project After some time searching, in 2017 my wife and I finally found and purchased some land in Leicestershire, which meant our dream to design and build our home, would become a
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I have an adjudicator’s decision, but still no payment! Problem: Client ordered to pay monies owed on building work ‘forthwith’ but they are still refusing to pay My company has recently been successful in an adjudication, but still the payer will not make payment! I am the managing quantity surveyor for a building company, and
I have an adjudicator’s decision, but still no payment! Read More »
Obtaining payment for construction work when only part is in dispute Problem: Client refuses to pay outstanding monies until we agree high set-off for damages I am the commercial director of a roof truss manufacture. Late last year, we were approached by a new client-contractor who requested us to price for the design, manufacture, supply
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Ascertaining loss and expense under a JCT contract – Roofing, Cladding and Insulation In this article featured in Roofing, Cladding and Insulation magazine, Michael Gerard explains how claims for loss and expense under a JCT contract have been settled in key court cases – and what ascertain actually means in terms of determining the loss
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Pre-Action Protocol; what it is and how to respond Problem: Receiving a letter of claim from a contractor we fell out with My company is a contractor that specialises in drylining where we employ self-employed operatives who are paid on a measured basis. From time-to-time, we are also requested to carry out traditional plastering work,
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Claim for alleged defect in work Problem: Billed for supposedly incorrect work but not given an opportunity to rectify I had been working on job for a main contractor for about 5 months up until January 2019, which had been going well, with no problems on payment. I had been working without a written order
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Single source of responsibility or a series of direct contacts? Problem: Interior designer to directly hire a contractor – where does responsibility lie? Although I work overseas, I have 2 investment properties in Leicester. One of the properties, a flat just outside the city, was recently vacated by a long-term tenant, and I have now
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Statutory adjudication comes of age – PBC Today Michael Gerard Solicitors is pleased to be featured in the latest edition of Planning and Building Control Today Magazine. The triple page article sees Michael Gerard explain how the adjudication process can help settle disputes within the construction industry. The first page of the article is below.
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Suspension of works for long period, what action can we take? Problem: Client put project on hold but has not sent instruction to return to job I am a director of a company that has been trading for about 10 years as a main contractor. In that time it has grown tremendously, with the bulk
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