BOUYGUES (UK) LTD v FEBREY STRUCTURES LTD

[2016] EWHC 1333 (TCC), Technology and Construction Court, Mr Jonathan Acton Davis QC sitting as a Deputy High Court Judge, 10 June 2016

Interim payment - Whether payment notice given on time - Whether there was an 'obvious error' in the terms of the contract

The claimant and the defendant entered into a sub-contract under which the defendant agreed to construct an in situ contract frame and structural topping for a new building. A dispute arose between the parties in relation to the defendant's payment application for October 2015 and whether the claimant was entitled to serve a payment notice or pay less notice with respect to that payment application on 23 November 2015, or whether the claimant was required to serve such a notice before that date. It was common ground between the parties that the notice was not served until 23 November.