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NEC PSC: Payless Notice
I have a Consultant working as an Employers Agent who I manage under the NEC PSC Contract. This consultant has procured, and is now managing a Contractor on our behalf under the NEC3 ECC. Basically I manage the Consultant under the PSC and the Consultant manages the Contractor under the NEC3, both contracts are signed with us.
I have recently noticed that the Consultant has accepted a payment application from the Contractor but the Contractor was not owed the money. In order to cancel the completed application who issues the Payless Notice, me or the Consultant working as the employers agent.
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Just to check the question. You represent the Employer named in the NEC3 ECC and the Consultant is the Project Manager named in the NEC3 ECC and Y(UK)2 is included in the contract. The PM has issued a payment notice (its payment certificate), the notified sum, or the Contractor’s application has by default become the notified sum. You consider the notified sum to be incorrect.
If that’s the case, then in accordance with section 111 of the Construction Act either the Employer or the PM (as the specified person) can issue the payless notice.
if i have misinterpreted the question then please clarify.
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