000			01509cam a2200253 4500
001			ABS64981
008			020128n2001 000 0 eng u
035			_a(Sirsi) u116497
100			_aAtkinson, D
245			_aSort out the ifs and whens
260			_c2001
490			_aConstruction News _v(6745) 6 December 2001, 33(1)
520			_aDiscusses a recent decision, "Durabella v Jarvis", which established that a pay-when-paid clause is reasonable if the employer is insolvent. Subcontractors faced with non-payment and a pay-when-paid clause should establish whether the contract is covered by the Construction Act 1996 as 'if' clauses are unenforceable except in cases of insolvency and whether it is an 'if' clause (conditional on payment) or a 'when' clause (setting time for payment only). With an 'if' clause the subcontractor may not be able to enforce the clause if non-payment is due to the contractor's default. If non-payment is due to the breakdown of the main contract administration, the contractor may not be able to enforce the clause if he has not taken steps to enforce his right to payment.
590			_aABS
650			_aSUBCONTRACTORS
650			_aPAY WHEN PAID CLAUSES
650			_aCONTRACTORS
650			_aNON-PAYMENT
650			_aDURABELLA V JARVIS
650			_aSMITH & SMITH GLASS LTD V WINSTONE ARCHITECTURAL CLADDING
650			_aTHOMAS DYER & CO V BISHOP INTERNATIONAL ENGINEERING CO
690			_aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
942			_n0
999			_c69369 _d69369