The common touch
Blackler, T.
The common touch - 2001 - Building 266(8206) 19 October 2001, 55(1) .
Examines the interpretation of 'pay-when-paid' clauses in construction contracts under common law and the Unfair Contract Terms Act 1977. The Construction Act 1996 s113 rendered pay-when-paid clauses ineffective unless and until the paying party up the chain was insolvent. Considers the case, "Durabella v Jarvis" where the subcontract was made prior to the introduction of the Construction Act 1996. It was found that the contractor could not rely on a pay-when-paid clause if the reason for non-payment is its own breach of contract.
DURABELLA V JARVIS
PAY WHEN PAID CLAUSES
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
SUBCONTRACTORS
UNFAIR CONTRACT TERMS ACT 1977
The common touch - 2001 - Building 266(8206) 19 October 2001, 55(1) .
Examines the interpretation of 'pay-when-paid' clauses in construction contracts under common law and the Unfair Contract Terms Act 1977. The Construction Act 1996 s113 rendered pay-when-paid clauses ineffective unless and until the paying party up the chain was insolvent. Considers the case, "Durabella v Jarvis" where the subcontract was made prior to the introduction of the Construction Act 1996. It was found that the contractor could not rely on a pay-when-paid clause if the reason for non-payment is its own breach of contract.
DURABELLA V JARVIS
PAY WHEN PAID CLAUSES
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
SUBCONTRACTORS
UNFAIR CONTRACT TERMS ACT 1977