roll credits

Comment deleted by Site Moderator

same time tomorrow?

that does look a bit like me actually.

Dear Mr xxxx,

I was interested to read your Building Magazine article dated xxxxx 2012 concerning payment notices under the new legislation.

Although I was not aware at the time of the Scottish case which you refer to, I wrote an article on the same matter for Building Magazine which was published on xxxxx 200x, and a more detailed article for xxxxxx Consulting in 2010.

Although it did not seem to have generally been picked up by the industry before the new legislation was enacted, it has always seemed to me, that an interpretation similar to that which is given to paragraph 12 of the Scheme for Construction Contracts in your case of xxxx v xxxxx, is likely to be given to the sections of the new legislation which concern payment notices, because :

1) There is now a statutory sanction for failing to state “the basis of the calculation”

2) Whereas the requirement to state “the basis of the calculation” was, under the original legislation, in regards to the amount which the payer intends to pay, under the new legislation the requirement to “state the basis”, is with regard to the calculation of the amount considered due. In my opinion that particular requirement under the original legislation could be complied with simply by saying “it is all we can afford to pay”, whereas now the payee must be entitled to some kind of a demonstration from the payer as to how it has ascertained the amount due.

Although an interpretation of the new clause on the same basis as xxxx v xxxxx may give rise to situations where neither party has submitted a compliant payment notice, it is my view that the payee may be entitled to the actual “amount due” (as ascertained by reference to the adequate mechanism) regardless of whether there is a “notified amount” or not.

It will be interesting to see how these new rules are applied.

Kind regards,


Brayns

Hello

fak

where the fak did you come from ?

I was stuck in a giant cake in Wenger's office.

I was lonely and scared, scared beyond fear.

jaysis

it sounds nasty santa

is the timing of your re-emergence - moments after i posted a fake letter concerning some made up legislation - a coincidence, or should more be read into it ?

Last time I agree to be the filling in a victoria sandwich, not what I thought I was signing up for at all.

well look what the cat dragged in, just as i was getting ready to go home too.

how's it going sgv?

id love to be the filling in a victoria sandwich.

Always on the look out for fake legislation, it's my mission, nay calling.

Good Spurgle

have you been over on the other side with spurcat and co?

Haven't spoken to Spurcat for yonks, hope he's ok.

i cant send that letter now

Have to go make some food, but I'll check in later to prevent any draft legislation on building projects whahahahahahaahahahahahaahahah

galv will absoloutely cream himself that satan's back

another week of showing off

Gather ye rosebuds while ye may.