Under the amended Act / Scheme if a contractor fails to give a Payment Notice can the Contractor rely upon being able to issue a Pay Less Notice (after the date at which the Payment Notice should have been issued & before the Final Date for Payment)using the subcontractors application as the starting point? Personally I currently believe not & the Payment Notice must be raised. The Pay Less Notice is only required if the Payer intends to pay less than the sum previously Noticed.?
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