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ARTICLE · 22 NOVEMBER 2025

Vision Construct Ltd v Gypcraft Drylining Contractors Ltd

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VCL sought a Part 8 declaration in relation to the proper construction of a subcontract payment mechanism.

United KingdomReal Estate and Construction
Jeremy Glover
Jeremy Glover
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[2025] EWHC 2707 (TCC)

VCL sought a Part 8 declaration in relation to the proper construction of a subcontract payment mechanism. An adjudicator had awarded Gypcraft £217k plus interest on the basis that Gypcraft had served a valid Interim Payment Application 23, but VCL had failed to serve either a payment or a pay less notice in response, with the result that Gypcraft's Interim Payment Application 23 was payable in full under section 110B(4) of the HGCRA.

VCL said that the subcontract failed to adequately identify a relevant "Interim Valuation Date" for Payment Cycle #23. This was given short shrift by the judge who, by way of an initial observation, referred to the comments of Coulson LJ in Bennett Construction Ltd v CIMC MBS Ltd [2019] BLR 587:

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This article is taken from Fenwick Elliott's 2021/2022 Annual Review. To read further articles go to Fenwick Elliott Annual Review 2021/2022

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