Abatement in construction
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.
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.
[edit] Related articles on Designing Buildings
Featured articles and news
The world’s first publicly funded civic park.
Exploring permitted development rights for change of use
Discussing lesser known classes M, N, P, PA and L.
CIOB Art of Building 2024 judges choice winner
Once Upon a Pass by Liam Man.
CIOB Art of Building 2024 public choice winner
Fresco School by Roman Robroek.
HE expands finance alliance to boost SME house building
Project follows on from Habiko public-private place making pension partnership for affordable housing delivery.
Licensing construction; looking back to look forward
Voluntary to required contractors (licensing) schemes.
A contractor discusses the Building Safety Act
A brief to the point look at changes that have occurred.
How orchards can influence planning and development.
CIOB Construction Manager of the Year award
Shortlist set to go head-to-head for prestigious industry title.
HSE simplified advice for installers of stone worktops
After company fined for repeatedly failing to protect workers.
Co-located with 10th year of UK Construction Week.
Time for knapping, no time for napping
Decorative split stone square patterns in facades.
A practical guide to the use of flint in design and architecture.
Comments
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.