![HT-2025-000036 - [2025] EWHC 2707 (TCC)](https://backend.juristeca.com/files/emisores/logo_yJUntHA.png){kind=logo}
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
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 other payment cycles. VCL attaches to this skeleton a table which demonstrates that for almost the entirety of 2021, 2022 and 2023 (that is, both before and after Payment Cycle #23 in January 2023) Gypcraft accepted Payment Notices issued out of time; issued invoices seeking payment of VCL’s notified sum; and took those net sums without complaint or any meaningful, clear reservation. Gypcraft are therefore estopped by convention from denying that Payment Notice #23 was effective to set the notified sum for that payment cycle. All of the evidence on this point comes from the documents; it does not require live evidence.
- Heading
- 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