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ARTICLE · 14 DECEMBER 2016

Put It In Writing And Sign It!

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RMP Construction Services Ltd was a ground works sub-contractor which carried out works for Chalcroft ("the Main Contractor") relating to the construction of a Shell petrol station.

United KingdomReal Estate and Construction
Matthew Pexton
Matthew Pexton

RMP Construction Services Ltd v Chalcroft [2015] EWHC 3737 (TCC)

RMP Construction Services Ltd was a ground works sub-contractor ("the Sub-Contractor") which carried out works for Chalcroft ("the Main Contractor") relating to the construction of a Shell petrol station.

The Main Contractor served a pay less notice under the Construction Act which, under the Main Contractor's version of the terms of the contract (the sub-contract order), was arguably served in time. Under the Sub-Contractor's version of the terms (a series of emails), the Scheme for Construction Contracts applied and the pay less notice was served late, entitling the Sub-Contractor to the full amount applied for.

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