HGCR Act 1996 - Notice Formality© Daniel Atkinson 2001 29 September 2001
Section 115Section 115 of the Act does not apply to the service of documents for the purpose of legal proceedings which are governed by the rules of Court. The section covers the service of any notice or any other document required or authorised to be served under Part II of the Act relating to construction contracts. The parties to the contract are free to agree on the manner of service of any notice or any other document. It is necessary therefore to examine the terms of the contract for the provisions on notice. on the matter of the contents of Notices of Intention to Refer to Adjudication and Notices of Referral refer to Ken Griffin & John Tomlinson v Midas Homes Ltd. In the absence of any agreement between the parties a notice or other document may be served on a person by any effective means. It shall be treated as effectively served if it is addressed, prepaid and delivered by post to the addressee’s last known principal residence, or in the case of a person carrying on a trade or profession their last known principal business address, or in the event of a body corporate to the bodies registered or principal office. Notice or other document in this section includes any form of communication in writing.
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