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Building Voices is a new podcast series that focuses on the topical issues impacting dispute resolution and dispute management in the construction and infrastructure industries, as well as general developments across these sectors. The series is hosted by members of our ICE Disputes Team (Frances Gordon-Weeks, Conor Rodgers, Emma Hutchinson, Anne Thompson, Emily Newey and Jane Fender-Allison) and features a range of guest speakers including internal CMS market-leading lawyers, as well as external Counsel and industry experts.
Episodes
Friday Nov 12, 2021
Friday Nov 12, 2021
In the latest episode, we review the recent TCC decision in Downs Road Development v Laxmanbhai Construction which is the first to consider the subjective requirement for a valid payment notice under the Construction Act. This case is important for anyone involved in payment under construction contracts, looking in depth at the payment regime within the Construction Act and focusing in particular on the requirement for an issuing party to have a genuine belief in the sum stated as due.
The podcast covers:
- a recap of statutory requirements for payment notices under the Construction Act;
- the Downs Road decision – the need for a genuine belief in the sum considered to be due;
- why this is different to previous cases;
- what parties need to do now; and
- the implications going forward.
Episode ten is available to listen to here. You can listen to all episodes in the Building Voices podcast series here.