The common touch
Series: Building ; 266(8206) 19 October 2001, 55(1)Publication details: 2001Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS64624 (Browse shelf(Opens below)) | 1 | Available | 115388-1001 |
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.