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Know when to hold 'em

By: Language: English Series: Building Services Journal ; November 2007, 29(1) Publication details: 2007Subject(s): Summary: Discusses the conflict between the payment provisions in the Housing Grants, Construction and Regeneration Act 1996 s111 and clause 27 of the JCT 1998 standard form of contract. Under the 1996 Act s111, if payment is not made a withholding notice should be issued by the employer to inform the contractor. However, in "Melville Dundas Ltd and others v George Wimpey UK Ltd and other" ([2007] UKHL 18, L137943), the HL decided that an employer could rely on a contractual provision to set off losses incurred through a contractor?s insolvency, even without a notice. Explores this issue in more detail with discussion of "Pierce Design International Ltd v Johnston and another" ([2007] EWHC 1691 (TCC), L140192).
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article L142652 (Browse shelf(Opens below)) 1 Available 142652-1001

Discusses the conflict between the payment provisions in the Housing Grants, Construction and Regeneration Act 1996 s111 and clause 27 of the JCT 1998 standard form of contract. Under the 1996 Act s111, if payment is not made a withholding notice should be issued by the employer to inform the contractor. However, in "Melville Dundas Ltd and others v George Wimpey UK Ltd and other" ([2007] UKHL 18, L137943), the HL decided that an employer could rely on a contractual provision to set off losses incurred through a contractor?s insolvency, even without a notice. Explores this issue in more detail with discussion of "Pierce Design International Ltd v Johnston and another" ([2007] EWHC 1691 (TCC), L140192).

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