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A construction dispute examines whether a contract's payment mechanism complied with the Housing Grants, Construction and Regeneration Act 1996, specifically focusing on whether the final date for payment was properly fixed. The case turns on the interpretation of contract provisions that allowed the final payment date to shift based on late invoice submission, while the due date remained static.

Following the Court of Appeal decisions in the cases of Halsey v Milton Keynes General NHS Trust and Steel v Joy and Halliday [2004] EWCA Civ 576, which were decided together in May 2004, the position of the Courts was clear. Parties were to be encouraged to settle their disputes through ADR.