Payment provisions of the Construction Act (Record no. 72849)

MARC details
000 -LEADER
fixed length control field 01954cam a2200277 4500
001 - CONTROL NUMBER
control field ABS66765
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 111208n2003 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u122589
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Brewer, G.
245 ## - TITLE STATEMENT
Title Payment provisions of the Construction Act
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2003
490 ## - SERIES STATEMENT
Series statement Contract Journal
Volume/sequential designation 418(6423) 24 April 2003, 22(1)
490 ## - SERIES STATEMENT
Series statement Construction News
Volume/sequential designation (6816) 15 May 2003, 22(1)
520 ## - SUMMARY, ETC.
Summary, etc. Recent case "Hills Electrical and Mechanical plc v Dawn Construction Ltd" (CSOH, 7 April 2003) raised the issue of the manner in which provisions of the scheme for the construction contracts may be imported into a contract in the event that certain payment provisions of that contract fail to comply with the Housing Grants, Construction and Regeneration Act 1996. When a third party employer became insolvent Hills (H) sued Dawn (D) for the money it claimed it was owed, despite D refusing to pay under a pay when paid clause. H argued the date for payment predated the insolvency. H failed as judge ruled that D had 28 days to pay, not 17 days as would have been correct under s110 of the 1996 Act. Concludes that where a contract fails to provide payment terms in accordance with the requirements of the Act, it is only the relevant provisions of the Scheme for Construction Contracts which will be imported into the subcontract in order to rectify the deficient term.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PAY-WHEN-PAID CLAUSES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SCHEME FOR CONSTRUCTION CONTRACTS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HILLS ELECTRICAL AND MECHANICAL PLC V DAWN CONSTRUCTION LTD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element Insolvency
9 (RLIN) 6247
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
700 ## - ADDED ENTRY--PERSONAL NAME
Personal name Cottam, G.
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/scot/cases/ScotCS/2003/107.html">https://www.bailii.org/scot/cases/ScotCS/2003/107.html</a>
Public note View the judgment free of charge at www.bailii.org
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
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    Dewey Decimal Classification     London London Journal article 12/06/2003   ABS66765 122589-1001 06/08/2019 1 06/08/2019 Journal article