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Property litigation

Our client, a construction company, sought payment of its interim invoices which the employer under the construction contact was refusing to pay.  The invoices had been rendered in accordance with interim certificates, which had been issued by the architect under the construction contract.  The employer had not raised any objection to the invoices and had failed to serve any Notices of Withholding within the required period.  Thus, under the terms of the contract (which essentially mirrored the terms of the Housing Grants, Construction and Regeneration Act 1996) the employer was liable to pay the amount of the interim invoices regardless of any alleged set-off or counterclaim.  The employer refused to make payment and we therefore issued proceedings and obtained Summary Judgment against the employer requiring payment of the interim invoices within 14 days.