What makes a notice? An analysis of the content requirements for a notice given per the payment provisions in the Housing Grants, Construction and Regeneration Act 1996 as amended by the Local Democracy, Economic Development and Construction Act 2009
Abstract
Notices given pursuant to the payment provisions in the Housing Grants, Construction and Regeneration Act 1996 (as amended) have formed the subject of numerous cases. This paper examines what these notices must contain to be valid. It includes consideration of the common law approach to construing notices and the statutory requirements. It concludes that the High Court has introduced unjustifiable requirements which should be overruled to provide certainty and clarity on the requirements for a notice. This article is also included in The Business & Management Collection which can be accessed at https:// hstalks.com/business/.
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Author's Biography
James Richardson is a chartered quantity surveyor and fellow of the Chartered Institute of Arbitrators who has completed a Graduate Diploma in law at City Law School and a MSc in construction law and dispute resolution at King’s College London. He regularly acts as an expert witness in arbitration and litigation, having been instructed on matters ranging from quantum analysis on party wall awards to the construction of a new nuclear power plant. He is a practising adjudicator, on the panel for six adjudicator nominating bodies including the Chartered Institute of Arbitrators’ Presidential Panel. As well as acting as an adjudicator, James often acts as a party representative in adjudications. As a quantity surveyor he has worked on a number of high-profile projects, including the conversion of Bow Street Magistrates’ Court into a hotel and the refurbishment of Leicester Cathedral Gardens for the reinterment of King Richard III.
Citation
Richardson, James (2025, September 1). What makes a notice? An analysis of the content requirements for a notice given per the payment provisions in the Housing Grants, Construction and Regeneration Act 1996 as amended by the Local Democracy, Economic Development and Construction Act 2009. In the Journal of Building Survey, Appraisal & Valuation, Volume 14, Issue 2. https://doi.org/10.69554/IWLV1591.
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