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Building Law Monthly

The construction of a contract payment mechanism

In Vision Construct Ltd v Gypcraft Drylining Contractors Ltd [2025] EWHC 2707 (TCC); (2025) CILL 5233, Adrian Williamson KC, sitting as a Deputy Judge of the High Court, held that the claimant was not entitled to the declarations which it sought. He held that the claimant had not established that the subcontract between the parties had failed adequately to identify a relevant Interim Valuation Date for the relevant payment application. He also rejected the claimant's attempt to invoke estoppel by convention on the ground that such a claim required an investigation into the facts and that was not appropriate in a Part 8 claim. Finally, he rejected the submission that the claimant's out of time payment notice could be re-characterised as a valid pay less notice.

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