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ARTICLE · 02 APRIL 2024

Legal Developments In Construction Law: March 2024

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An adjudicator ruled that a contractor had been overpaid on an interim payment cycle and should repay the overpayment to the employer.

United KingdomReal Estate and Construction

IN THIS ISSUE:

  1. Negative certificate and overpayment: can an employer get its money back?
  2. Loss and expense claim under a JCT contract: is lack of a notice fatal?
  3. Accountable person; could that be a tribunal-appointed manager?
  4. New competence framework for project managers
  5. Competence Steering Group 2024 final report: "A Higher Bar"
  6. Biodiversity 10% net gain requirement in force

1. NEGATIVE CERTIFICATE AND OVERPAYMENT: CAN AN EMPLOYER GET ITS MONEY BACK?

An adjudicator ruled that a contractor had been overpaid on an interim payment cycle and should repay the overpayment to the employer. In proceedings brought by the contractor, however, the court had to decide whether or not there was a proper legal basis for the adjudicator to make that ruling.

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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