Cases - Millers Specialist Joinery v Nobles Construction
Record details
- Name
- Millers Specialist Joinery v Nobles Construction
- Date
- (2000)
- Citation
- CILL 1770
- Legislation
- Keywords
- Contract - construction contract - payment - withholding notice - test for when a withholding notice is required - Housing Grants, Construction and Regeneration Act 1996
- Summary
-
In considering s.111, it was decided that:
- A withholding notice is required if the defence to payment is 'I do not have to pay this invoice/application because I have overpaid on previous invoices/ applications and I therefore abate the sum you claim by the sum of this overpayment' (abatement - i.e. any abatement).
- A withholding notice is required if the defence to payment is 'I do not have to pay this invoice/application because I am entitled to set-off sums due to me in damages or pursuant to the contract' (set-off).
- The amount claimed in a valuation/application is not to be treated as the amount 'due under the contract' (within s.111). A withholding notice is not required if the defence to payment is 'I do not have to pay this invoice/application because the sum you have claimed is not due under the contract' ('pure' valuation).
However, this analysis has also been effectively superseded by the clarification in Rupert Morgan.