A key ruling on payment claim time bars

By Alice Stacey-Jacobs and Aileen Brown 2022-02-28T05:00:00

Hirst vs Dunbar considered whether the Construction Act’s payment provisions affect the limitation period for payment claims

A recent Technology and Construction Court (TCC) decision appears to be first to consider whether the payment provisions of the Construction Act and Scheme for Construction Contracts affect the commencement of the limitation period for payment claims.

In the recent case of Hirst vs Dunbar [2022] EWHC 41, the TCC found that provisions specifying the due date for payment and the service of a payment notice by the paying party did not affect the general rule that a claim for payment accrues for limitation purposes upon completion of the work. Although the court only considered the provisions of the Scheme, similar reasoning might also be said to apply to some standard forms.

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