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The contractual time limits on issuing payment and pay less notices are generally pretty tight – be mindful of your obligations or risk becoming liable for payment in full
Recent judgments from the Technology and Construction Court have reiterated that so-called smash-and-grab claims are not going away and remain an ever-present concern for any paying party to a construction contract.
Briefly, a smash-and-grab claim arises when a notified sum has arisen under a construction contract and the paying party fails to make payment of that notified sum beyond the final date for payment. Such claims typically arise when an application for payment is not suitably addressed by way of a corresponding payment and/or pay less notice, in which case the paying party must make payment of the notified sum in full. It is therefore imperative that paying parties understand their payment obligations under construction contracts so they can ensure appropriate notices are issued in time.
Pursuant to the Construction Act (as amended), all construction contracts must contain:
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