Construction Law Clinic

Client withholding monies on the basis of defects on another contract

Client withholding monies on the basis of defects on another contract Problem: Carpenter having money held by contractor I am a self-employed carpenter and have recently carried out work on some flats for a new client who is a carpentry sub-contractor, who in turn has the carpentry contract with a main contractor. I am having […]

Client withholding monies on the basis of defects on another contract Read More »

Building company not paying invoice and I have no written contract

Building company not paying invoice and I have no written contract Problem: Can a project manager make a claim when a building company refuses to pay? I am a freelance project manager. Back in February/March 2017, I was asked to project manage a small housing development (5 units) for a builder.  Having thought about it,

Building company not paying invoice and I have no written contract Read More »

Manufacturer refusing to deliver construction goods

Manufacturer refusing to deliver construction goods Problem: Construction manufacturer won’t deliver ducting until we pay additional money I have a problem with a manufacturer who is refusing to supply goods previously ordered. My company is a heating and ventilation contractor, and we are currently working on a refurbishment contract, where we are upgrading the existing

Manufacturer refusing to deliver construction goods Read More »

Methods of resolving a construction dispute with a client

Methods of resolving a construction dispute with a client Problem: Final account cannot be agreed. How can a dispute be resolved?In September of last year, the construction company that I work for completed a new-build project for a client.  The project was administered under the JCT Intermediate Form of Contract 2011.  My company has since

Methods of resolving a construction dispute with a client Read More »

Should I wait for a written contract from contractor before starting work?

Should I wait for a written contract from contractor before starting work? Problem: Strong relationship with contractor jeopardised by waiting for a contract? I have been working on a large building site for the past six months as a contractor.  The site has been split into five phases, and I have almost finished phase 2,

Should I wait for a written contract from contractor before starting work? Read More »

Final certificate issued but client refusing to make payment for construction work

Final certificate issued but client refusing to make payment for construction work Problem: Contract administrator passed final certificate under the JCT Intermediate Building Contract 2011 Back in 2014, the building company I work for entered into a JCT Intermediate Building Contract 2011 to construct a large extension to a health and fitness centre for a

Final certificate issued but client refusing to make payment for construction work Read More »

Regular contactor not paying sub-contractor for construction work completed

Regular contactor not paying sub-contractor for construction work completed Problem: Contractor deemed work unsatisfactory and is contra charging I am a carpentry sub-contractor, with most of my work coming from one source, the main contractor.  When I take on work for this construction contractor, it is usually by way of a verbal agreement. Every Friday

Regular contactor not paying sub-contractor for construction work completed Read More »

Pay Less Notice issued after agreement on extension of completion date

Pay Less Notice issued after agreement on extension of completion date Problem: Client issues Pay Less Notice for late completion I work as a contracts manager for a main contractor. Back in January 2016, we started work on the refurbishment of an office block in Birmingham. It was nothing too complex, and we were supposed

Pay Less Notice issued after agreement on extension of completion date Read More »