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Geoff Brewer examines pay-when-paid clauses under the DOM/1 form

By: Series: Contract Journal ; 411(6354) 21 November 2001, 26(1)Publication details: 2001Subject(s): Online resources: Summary: Examines the operation of pay-when-paid clauses under the DOM/1 form of subcontract . Explains DOM/1 Amendment 10 which deals with pay-when-paid provisions and insolvency. Subcontractors objected to cl32 and it should have been removed, but it still remains in the standard form because of a printing error. Illustrates the role of cl32 in the case "Aqua Design and Play International Ltd and Fenlock Hansen v Kier Regional Ltd" (QBD, 22 October 2001). Kier was not allowed to rely on the pay-when-paid provisions of cl32 as these had not been properly incorporated into the subcontracts. View judgment at www.coutservice.gov.uk.

Examines the operation of pay-when-paid clauses under the DOM/1 form of subcontract . Explains DOM/1 Amendment 10 which deals with pay-when-paid provisions and insolvency. Subcontractors objected to cl32 and it should have been removed, but it still remains in the standard form because of a printing error. Illustrates the role of cl32 in the case "Aqua Design and Play International Ltd and Fenlock Hansen v Kier Regional Ltd" (QBD, 22 October 2001). Kier was not allowed to rely on the pay-when-paid provisions of cl32 as these had not been properly incorporated into the subcontracts. View judgment at www.coutservice.gov.uk.