Episode 10 - Payment/Pay Less Notices: I don’t believe it!

In the latest episode, we review the recent TCC decision in Downs Road Development v Laxmanbhai Construction which is the first to consider the subjective requirement for a valid payment notice under the Construction Act. This case is important for anyone involved in payment under construction contracts, looking in depth at the payment regime within the Construction Act and focusing in particular on the requirement for an issuing party to have a genuine belief in the sum stated as due. The podcast covers: a recap...

In the latest episode, we review the recent TCC decision in Downs Road Development v Laxmanbhai Construction which is the first to consider the subjective requirement for a valid payment notice under the Construction Act. This case is important for anyone involved in payment under construction contracts, looking in depth at the payment regime within the Construction Act and focusing in particular on the requirement for an issuing party to have a genuine belief in the sum stated as due.

The podcast covers:

• a recap of statutory requirements for payment notices under the Construction Act;
• the Downs Road decision – the need for a genuine belief in the sum considered to be due;
• why this is different to previous cases;
• what parties need to do now; and
• the implications going forward.

Episode ten is available to listen to here. You can listen to all episodes in the Building Voices podcast series here.