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B Hargreaves Limited v Action 2000 Limited

Language: English Series: Construction Industry Law Letter ; 1991 CILL 720-722(3)Publication details: 1991Subject(s): Summary: ChD 20 November 1991. In 1989 A were engaged in constructing a number of filling stations for P and entered into subcontracts with H. These referred to a head contract between A and P and contained the clause that `A agrees to pay all stage payments in accordance with the timing specified in the P agreement and a balancing payment (if any) on the same day as specified in the P agreement, retentions also being dealt with in the same manner as the P agreement`. The main contract contained a provision which permitted P to pay the works price to A against monthly certificates. On 4 September a joint administrative receiver was appointed to H who commenced proceedings to recover money due under interim certificates. A liquidator was appointed in March 1991. The claim was on three certificates. A claimed entitlement to set-off sums for overpayment in relation to two of the contracts. A argued that they were entitled to equity set-off sums due under other contracts, this failed on the groun
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS45844 (Browse shelf(Opens below)) 1 Available 55403-1001

ChD 20 November 1991. In 1989 A were engaged in constructing a number of filling stations for P and entered into subcontracts with H. These referred to a head contract between A and P and contained the clause that `A agrees to pay all stage payments in accordance with the timing specified in the P agreement and a balancing payment (if any) on the same day as specified in the P agreement, retentions also being dealt with in the same manner as the P agreement`. The main contract contained a provision which permitted P to pay the works price to A against monthly certificates. On 4 September a joint administrative receiver was appointed to H who commenced proceedings to recover money due under interim certificates. A liquidator was appointed in March 1991. The claim was on three certificates. A claimed entitlement to set-off sums for overpayment in relation to two of the contracts. A argued that they were entitled to equity set-off sums due under other contracts, this failed on the groun