Abatement in construction - Revision history

Designing Buildings at 07:22, 21 March 2022

2022-03-21T07:22:20Z

← Older revision		Revision as of 07:22, 21 March 2022
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	Since 2011 however, set off, counterclaim and abatement all require that a pay less notice is issued.		Since 2011 however, set off, counterclaim and abatement all require that a pay less notice is issued.

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	= Related articles on Designing Buildings =

		+	* Abatement costs.
	* Best practicable means.		* Best practicable means.
	* Counterclaim.		* Counterclaim.

Designing Buildings at 06:37, 24 September 2020

2020-09-24T06:37:57Z

← Older revision		Revision as of 06:37, 24 September 2020
Line 7:		Line 7:
	Since 2011 however, set off, counterclaim and abatement all require that a pay less notice is issued.		Since 2011 however, set off, counterclaim and abatement all require that a pay less notice is issued.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Best practicable means.		* Best practicable means.
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	* Set off.		* Set off.

−	[[Category:~~Other_legislation~~]] [[Category:DCN_Legislation]] [[Category:Contracts_/_payment]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Legislation]] [[Category:Other_legislation]] [[Category:Contracts_/_payment]]

Editor at 16:55, 5 March 2018

2018-03-05T16:55:32Z

← Older revision		Revision as of 16:55, 5 March 2018
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−
	Abatement is a defence against a claim for payment where it is argued that the amount claimed is incorrect because of defects in the work. If the defect is proved, then the valuation of the amount due may be reduced by the reduction in value of the works resulting from the defect. Abatement only applies to payment for labour and materials, not to professional services or to losses resulting from delay or disruption. Abatement exists as a common law right.		Abatement is a defence against a claim for payment where it is argued that the amount claimed is incorrect because of defects in the work. If the defect is proved, then the valuation of the amount due may be reduced by the reduction in value of the works resulting from the defect. Abatement only applies to payment for labour and materials, not to professional services or to losses resulting from delay or disruption. Abatement exists as a common law right.

−	Abatement is often confused with set off. Set off (or contra charging) requires that a breach of contract can be demonstrated. It can permit the withholding or extinguishing of an agreed payment. Set off can be used to recover the costs of rectifying defects and any delay. Whilst set off is often accompanied by a counterclaim it is to be distinguished in that set off cannot, unlike a counterclaim, give rise to a positive balance of claim. Set off rights can either be contractual, equitable or in the case of insolvency, statutory.~~<br/>~~	+	Abatement is often confused with set off. Set off (or contra charging) requires that a breach of contract can be demonstrated. It can permit the withholding or extinguishing of an agreed payment. Set off can be used to recover the costs of rectifying defects and any delay. Whilst set off is often accompanied by a counterclaim it is to be distinguished in that set off cannot, unlike a counterclaim, give rise to a positive balance of claim. Set off rights can either be contractual, equitable or in the case of insolvency, statutory.

	Before the 2011 amendments to the Housing Grants Construction and Regeneration Act, set off and counterclaim were only permitted if a withholding notice was issued, whilst abatement did not require a withholding notice as the value of the works had been reduced and there was only an obligation to pay the amount properly due.		Before the 2011 amendments to the Housing Grants Construction and Regeneration Act, set off and counterclaim were only permitted if a withholding notice was issued, whilst abatement did not require a withholding notice as the value of the works had been reduced and there was only an obligation to pay the amount properly due.
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	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Counterclaim.
−	*Housing Grants Construction and Regeneration Act.
−	*Interim valuation.
−	*Pay less notice.
−	*Set off.

−	[[Category:~~Contracts_/_payment~~]]	+	* Best practicable means.
−	[[Category:~~Contracts_/_payment~~]]	+	* Counterclaim.
−	[[Category:~~Other_legislation~~]]	+	* Housing Grants Construction and Regeneration Act.
		+	* Interim valuation.
		+	* Pay less notice.
		+	* Set off.
		+
		+	[[Category:Other_legislation]] [[Category:DCN_Legislation]] [[Category:Contracts_/_payment]]

Designing Buildings: moved Abatement to Abatement in construction

2014-09-29T10:03:52Z

moved Abatement to Abatement in construction

← Older revision

Revision as of 10:03, 29 September 2014

Designing Buildings at 08:31, 2 May 2014

2014-05-02T08:31:20Z

← Older revision		Revision as of 08:31, 2 May 2014
Line 2:		Line 2:
	Abatement is a defence against a claim for payment where it is argued that the amount claimed is incorrect because of defects in the work. If the defect is proved, then the valuation of the amount due may be reduced by the reduction in value of the works resulting from the defect. Abatement only applies to payment for labour and materials, not to professional services or to losses resulting from delay or disruption. Abatement exists as a common law right.		Abatement is a defence against a claim for payment where it is argued that the amount claimed is incorrect because of defects in the work. If the defect is proved, then the valuation of the amount due may be reduced by the reduction in value of the works resulting from the defect. Abatement only applies to payment for labour and materials, not to professional services or to losses resulting from delay or disruption. Abatement exists as a common law right.

−	Abatement is often confused with set off. Set off (or contra charging) requires that a breach of contract can be demonstrated. It can permit the withholding or extinguishing of an agreed payment. Set off can be used to recover the costs of rectifying defects and any delay. Whilst set off is often accompanied by a counterclaim it is to be distinguished in that set off cannot, unlike a counterclaim, give rise to a positive balance of claim. Set off rights can either be contractual, equitable or in the case of insolvency, statutory. <br/>	+	Abatement is often confused with set off. Set off (or contra charging) requires that a breach of contract can be demonstrated. It can permit the withholding or extinguishing of an agreed payment. Set off can be used to recover the costs of rectifying defects and any delay. Whilst set off is often accompanied by a counterclaim it is to be distinguished in that set off cannot, unlike a counterclaim, give rise to a positive balance of claim. Set off rights can either be contractual, equitable or in the case of insolvency, statutory.<br/>

	Before the 2011 amendments to the Housing Grants Construction and Regeneration Act, set off and counterclaim were only permitted if a withholding notice was issued, whilst abatement did not require a withholding notice as the value of the works had been reduced and there was only an obligation to pay the amount properly due.		Before the 2011 amendments to the Housing Grants Construction and Regeneration Act, set off and counterclaim were only permitted if a withholding notice was issued, whilst abatement did not require a withholding notice as the value of the works had been reduced and there was only an obligation to pay the amount properly due.
Line 11:		Line 11:

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
		+	*Counterclaim.
	*Housing Grants Construction and Regeneration Act.		*Housing Grants Construction and Regeneration Act.
	*Interim valuation.		*Interim valuation.

Designing Buildings at 07:36, 2 May 2014

2014-05-02T07:36:05Z

← Older revision		Revision as of 07:36, 2 May 2014
Line 2:		Line 2:
	Abatement is a defence against a claim for payment where it is argued that the amount claimed is incorrect because of defects in the work. If the defect is proved, then the valuation of the amount due may be reduced by the reduction in value of the works resulting from the defect. Abatement only applies to payment for labour and materials, not to professional services or to losses resulting from delay or disruption. Abatement exists as a common law right.		Abatement is a defence against a claim for payment where it is argued that the amount claimed is incorrect because of defects in the work. If the defect is proved, then the valuation of the amount due may be reduced by the reduction in value of the works resulting from the defect. Abatement only applies to payment for labour and materials, not to professional services or to losses resulting from delay or disruption. Abatement exists as a common law right.

−	Abatement is often confused with set off. Set off (or contra charging) ~~is a form of counterclaim which~~ requires that a breach of contract can be demonstrated. It can permit the withholding or extinguishing of an agreed payment. Set off can be used to recover the costs of rectifying defects and any delay. ~~See~~ Set off ~~for more information~~.	+	Abatement is often confused with set off. Set off (or contra charging) requires that a breach of contract can be demonstrated. It can permit the withholding or extinguishing of an agreed payment. Set off can be used to recover the costs of rectifying defects and any delay. Whilst set off is often accompanied by a counterclaim it is to be distinguished in that set off cannot, unlike a counterclaim, give rise to a positive balance of claim. Set off rights can either be contractual, equitable or in the case of insolvency, statutory. <br/>

	Before the 2011 amendments to the Housing Grants Construction and Regeneration Act, set off and counterclaim were only permitted if a withholding notice was issued, whilst abatement did not require a withholding notice as the value of the works had been reduced and there was only an obligation to pay the amount properly due.		Before the 2011 amendments to the Housing Grants Construction and Regeneration Act, set off and counterclaim were only permitted if a withholding notice was issued, whilst abatement did not require a withholding notice as the value of the works had been reduced and there was only an obligation to pay the amount properly due.

Designing Buildings at 07:06, 2 May 2014

2014-05-02T07:06:23Z

← Older revision		Revision as of 07:06, 2 May 2014
Line 2:		Line 2:
	Abatement is a defence against a claim for payment where it is argued that the amount claimed is incorrect because of defects in the work. If the defect is proved, then the valuation of the amount due may be reduced by the reduction in value of the works resulting from the defect. Abatement only applies to payment for labour and materials, not to professional services or to losses resulting from delay or disruption. Abatement exists as a common law right.		Abatement is a defence against a claim for payment where it is argued that the amount claimed is incorrect because of defects in the work. If the defect is proved, then the valuation of the amount due may be reduced by the reduction in value of the works resulting from the defect. Abatement only applies to payment for labour and materials, not to professional services or to losses resulting from delay or disruption. Abatement exists as a common law right.

−	Abatement is often confused with set off. Set off (or contra charging) is a form of counterclaim which requires that a breach of contract can be demonstrated. It can permit the withholding or extinguishing of an agreed payment. Set off can be used to recover the costs of rectifying defects and any delay.	+	Abatement is often confused with set off. Set off (or contra charging) is a form of counterclaim which requires that a breach of contract can be demonstrated. It can permit the withholding or extinguishing of an agreed payment. Set off can be used to recover the costs of rectifying defects and any delay. See Set off for more information.

−	Before the 2011 ~~amendment~~ to the Housing Grants Construction and Regeneration Act, set off and counterclaim were only permitted if a withholding notice was issued, whilst abatement did not require a withholding notice as the value of the works had been reduced and there was only an obligation to pay the amount properly due.	+	Before the 2011 amendments to the Housing Grants Construction and Regeneration Act, set off and counterclaim were only permitted if a withholding notice was issued, whilst abatement did not require a withholding notice as the value of the works had been reduced and there was only an obligation to pay the amount properly due.

	Since 2011 however, set off, counterclaim and abatement all require that a pay less notice is issued.		Since 2011 however, set off, counterclaim and abatement all require that a pay less notice is issued.

Designing Buildings: Created page with " Abatement is a defence against a claim for payment where it is argued that the amount claimed is incorrect because of defects in the work. If the defect is proved, then the valu..."

2014-05-02T07:04:56Z

Created page with " Abatement is a defence against a claim for payment where it is argued that the amount claimed is incorrect because of defects in the work. If the defect is proved, then the valu..."

New page

Abatement is a defence against a claim for payment where it is argued that the amount claimed is incorrect because of defects in the work. If the defect is proved, then the valuation of the amount due may be reduced by the reduction in value of the works resulting from the defect. Abatement only applies to payment for labour and materials, not to professional services or to losses resulting from delay or disruption. Abatement exists as a common law right.

Abatement is often confused with set off. Set off (or contra charging) is a form of counterclaim which requires that a breach of contract can be demonstrated. It can permit the withholding or extinguishing of an agreed payment. Set off can be used to recover the costs of rectifying defects and any delay.

Before the 2011 amendment to the Housing Grants Construction and Regeneration Act, set off and counterclaim were only permitted if a withholding notice was issued, whilst abatement did not require a withholding notice as the value of the works had been reduced and there was only an obligation to pay the amount properly due.

Since 2011 however, set off, counterclaim and abatement all require that a pay less notice is issued.

= Find out more =

=== Related articles on Designing Buildings Wiki ===
*Housing Grants Construction and Regeneration Act.
*Interim valuation.
*Pay less notice.
*Set off.

[[Category:Contracts_/_payment]]
[[Category:Contracts_/_payment]]
[[Category:Other_legislation]]