Team Service plc v Kier Management and Design Limited
Language: English Series: Construction Industry Law Letter ; 1993 CILL 851-854(4)Publication details: 1993Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS49129 (Browse shelf(Opens below)) | 1 | Available | 70135-1001 |
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.