000			01553cam a2200241 4500
001			ABS64857
008			011030n2001 000 0 eng u
035			_a(Sirsi) u116029
245			_aDurabella Ltd v J Jarvis and Sons Ltd
260			_c2001
490			_aConstruction Industry Law Letter _v[2001] CILL 1796-1798(3)
490			_aConstruction Law Reports _v[2002] Con LR 145-156(12)
520			_aTCC 19 September 2001. In proceedings following the termination of the defendant's (J) employment the employer (G) alleged that flooring work carried out by the claimant (D) were defective. No breakdown of the settlement figure was given, although it was recorded that no value was included in it for D's works and it did take into account G's counterclaim for them. D claimed payment from J who counterclaimed for damages including amounts said to have been paid to G in the settlement for the defective work. J also sought to rely on a 'pay when paid' clause in its standard contract terms. "Held" : J had not successfully demonstrated that it had not been paid for D's work and could not rely on the 'pay when paid' clause as it was it's own fault that it had not been paid.
590			_aABS
650			_aDURABELLA V JARVIS
650			_aPAY WHEN PAID CLAUSES
650			_aHOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
650			_aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
650			_aSUBCONTRACTORS
650			_aUNFAIR CONTRACT TERMS ACT 1977
690			_aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
942			_n0
999			_c101806 _d101806