If you go away...

Redmond, J.

If you go away... - 2004 - Building 269(8339) 2 July 2004, 49(1) .

Gives advice on any action that can be taken by contractors and subcontractors when they have not received payment for their work. Argues that they should not immediately stop working as this could be regarded as repudiating the contract and they may risk a big claim for delay damages. A subcontractor looking for payment could question whether there is an agreement in the first place; in "Birse Construction Ltd v St. David Limited" ([1999] BLR 194 (TCC) (Abs65086)) the contractor established there was no contract when no payment was made. The Housing Grants, and Construction Act 1996 gives a right to suspend work if payment is not received and this can apply if there is no contract.


NON-PAYMENT
CONTRACTOR
SUBCONTRACTORS
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
BIRSE CONSTRUCTION LTD V ST DAVID LTD
DISPUTE RESOLUTION