RGB Plastering Ltd v TAWE Drylining and Plastering Ltd
The payment application was invalid because it was not valued to the correct date, was not sent to the specified address, and was not clear or unambiguous as to which payment cycle it related; it did not comply with the subcontract or statutory requirements.
- Parties
- Claimant: RGB Plastering Limited; Defendant: Tawe Drylining and Plastering Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 13 November 2020
- Procedural Posture
- Construction Contract Dispute / Trial Judgment
- Outcome
- declaration granted for claimant
- Legal Topics
- Interim Payment Applications, Validity of Payment Notices, Estoppel, Waiver, Procedural Compliance
Case Brief
Summary, issues, holding and outcome
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Parties
RGB Plastering Limited
Claimant
Tawe Drylining and Plastering Limited
Defendant
Procedural Posture
Construction Contract Dispute / Trial Judgment
Legal Issues
- 1 Whether the payment application submitted by Tawe was valid under the subcontract and the Housing Grants, Construction and Regeneration Act 1996
- 2 Whether RGB is estopped from denying the validity of the application due to prior conduct or waiver
Ratio Decidendi
The payment application was invalid because it was not valued to the correct date, was not sent to the specified address, and was not clear or unambiguous as to which payment cycle it related; it did not comply with the subcontract or statutory requirements.
Court Disposition
declaration granted for claimant
Orders
- Declaration that the application for payment by Tawe dated 7 May 2019 is invalid.
- Draft order and any consequential submissions to be filed within 14 days.
Full Case Text
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