PFI contract terms clash with HGCR Act

Brewer, Geoff

PFI contract terms clash with HGCR Act - 2006 - Contract Journal 432(6560) 1 February 2006, 38(1) .

Reviews and comments upon "Midland Expressway v Carillion Construction and others" ([2005] EWHC 2963, L132321). The case highlights the fact that although PFI contracts are exempt from the provisions of the Housing Grants, Construction and Regeneration Act 1996, construction agreements entered into by concession companies are not. Therefore, pay when paid clauses or those that seek to restrict a contractor's right to refer contract disputes to adjudication will be unenforceable.


MIDLAND EXPRESSWAY V CARILLION CONSTRUCTION LTD AND OTHERS
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996