RBG PLASTERING LTD V TAWE DRYLINING AND PLASTERING LTD

[2020] EWHC 3028 (TCC), Technology and Construction Court, HH Judge Jarman QC, sitting as a judge of the High Court, 13 November 2020

Contract – Application for payment by sub-contractor – Whether application was valid

The claimant sought a declaration that the defendant sub-contractor’s application for payment was invalid on the ground that it did not comply with the requirements of the terms of the subcontract. The defendant emailed its application for payment to an email address other than the email address given in the payment schedule (where it was stated that applications “must” be submitted electronically via the stated email address). The application was headed “valuation” and specified that it was valuation number 6. The application continued by stating in the next line “Works Valued up to 30/04/2019”. The date given was not a date set out in the payment schedule. The application was submitted on 7 May 2019. The relevant date for the April 2019 payment cycle was for the defendant to issue its application on 28 April and the valuation or due date for such an application was 3 May. The corresponding dates for May 2019 were 29 May and 2 June. The defendant stated that its application was submitted in respect of the May/June interim payment cycle.