- Systech opens office in Melbourne October 2016
- Ricardo Delarue presents at ICEC 2016 October 2016
- Systech announces Autumn series of Breakfast Seminars September 2016
- The British Airways i360 officially opens! August 2016
- Eric Webb commences POSCO Engineering training! July 2016
- Ricardo Delaue writes for the IBEC magazine May 2016
- Ian Matthews appointed as Director and Country Manager for Canada May 2016
The Importance of a ‘Pay Less Notice’ in Termination
Bob Cooper, Director of Disputes, gives us his insight into 'The Importance of a ‘Pay Less Notice’ in Termination'.
An article in ‘Law-Now’ drew my attention to a recent case concerning the payment provisions in the JCT Intermediate Form of Contract. In that contract (clauses 4.7 to 4.14) there are provisions for interim and final payments. These provisions require the issue of interim certificates and a Final Certificate by the CA and ‘payless notices’ by the employer. The provisions also cater for a situation where perhaps an interim certificate and/or Final Certificate is not issued by the CA in which case the contractor can issue an interim or final payment notice itself which becomes effective for the purposes of payment, subject to any ‘pay less notice’ from the employer. There are also provisions for either party to refer disputes to adjudication albeit, in respect of the Final Certificate, proceedings have to be commenced within 28 days. So far so good...
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