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Birse Construction Ltd v Eastern Telegraph Co Ltd

[2004] EWHC 2512 (TCC)
JurisdictionUnited Kingdom
CourtHigh Court (TCC)
Year2004
StatusBinding authority

Summary

Employer's failure to issue a valid withholding notice under HGCRA 1996 requires payment of the notified sum in full, notwithstanding any cross-claim.

Key Principle

In construction disputes, the employer's failure to issue a valid withholding notice under the Housing Grants, Construction and Regeneration Act 1996 means they must pay the notified sum in full, even if they have a cross-claim.

Area of Law

construction

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