![HT-2025-000036 - [2025] EWHC 2707 (TCC)](https://backend.juristeca.com/files/emisores/logo_yJUntHA.png){kind=logo}
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IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
KING'S BENCH DIVISION
TECHNOLOGY AND CONSTRUCTION COURT
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Before:
ADRIAN WILLIAMSON KC
SITTING AS A DEPUTY JUDGE OF THE HIGH COURT
Between:
VISION CONSTRUCT LIMITED (“VCL”) | Claimant |
- and - | |
Gypcraft Drylining Contractors Limited | Defendant |
James Bowling (instructed byGunner Cooke) for the Claimant
James Frampton (instructed by Andrew Crawford on a licenced access basis)
for the Defendant
Hearing date: 8th October 2025
JUDGMENT
This judgment was handed down by the Judge remotely by circulation to the parties’ representatives by email and release to The National Archives. The date and time for hand-down is deemed to be 10:30 on Tuesday 21 October 2025.
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- Adrian Williamson KC
- The Subcontract fails to adequately identify a relevant “Interim Valuation Date” for Payment Cycle #23, meaning that clause 4 must be substantially re-written by Part II of the Scheme. The necessary m
- There was a course of conduct between the parties under which a convention arose that Gypcraft would accept VCL’s Payment Notice #23 out of time. This involves looking how the parties treated the othe
- Lastly, if VCL’s Payment Notice #23 was out of time to serve as a payment notice, it was (indisputably) nevertheless in time to serve as a Pay Less Notice. It contained all the relevant information to
- 110APayment notices: contractual requirements
- This section applies in a case where, in relation to any payment provided for by a construction contract— (a)the contract requires the payer or a specified person to give the payee a notice complying with section 110 A (2) not later than five days af
- Subject to subsection (4), the payee may give to the payer a notice complying with section 110 A (3) at any time after the date on which the notice referred to in subsection (1)(a) was required by the
- Where pursuant to subsection (2) the payee gives a notice complying with section 110 A (3), the final date for payment of the sum specified in the notice shall for all purposes be regarded as postpone
- If— (a)the contract permits or requires the payee, before the date on which the notice referred to in subsection (1)(a) is required by the contract to be given, to notify the payer or a specified person o
- that notification is to be regarded as a notice complying with section 110A (3) given pursuant to subsection (2) (and the payee may not give another such notice pursuant to that subsection)”
- B. Procedural matters
- The relevant facts
- D. The Interim Valuation Date
- E. Estoppel
- F. Payment Notices and Pay Less Notices
- Conclusions