Team Service plc v Kier Management and Design Limited
Team Service plc v Kier Management and Design Limited
- 1993
- Construction Industry Law Letter 1993 CILL 851-854(4) .
CA 7 April 1993. The developers of a shopping centre employed the defendants (K) as a management contractor. The plaintiffs (T) were employed as subcontractors to design and build a car park. There was provision in the subcontract for T to recover interim payments which included a deduction of 3% for retention and a 2.5% cash discount. Twenty-three interim payments fell due of which only 10 were made within the required period, the others were late by up to 8 days. T claimed that by reason of this late payment they were entitled to interest by way of damages. They also claimed the 2.5% had been wrongly deducted. It was held that the 2.5% should be deducted as the above applied to all payments whenever made and the right to discount was not lost by late payment.
CAR PARK
CASH DISCOUNTS
INTERIM PAYMENTS
LATE PAYMENTS
MANAGEMENT CONTRACTORS
SHOPPING CENTRE
SUBCONTRACTORS
THURROCK LAKESIDE
CA 7 April 1993. The developers of a shopping centre employed the defendants (K) as a management contractor. The plaintiffs (T) were employed as subcontractors to design and build a car park. There was provision in the subcontract for T to recover interim payments which included a deduction of 3% for retention and a 2.5% cash discount. Twenty-three interim payments fell due of which only 10 were made within the required period, the others were late by up to 8 days. T claimed that by reason of this late payment they were entitled to interest by way of damages. They also claimed the 2.5% had been wrongly deducted. It was held that the 2.5% should be deducted as the above applied to all payments whenever made and the right to discount was not lost by late payment.
CAR PARK
CASH DISCOUNTS
INTERIM PAYMENTS
LATE PAYMENTS
MANAGEMENT CONTRACTORS
SHOPPING CENTRE
SUBCONTRACTORS
THURROCK LAKESIDE