000			01954cam a2200277 4500
001			ABS66765
008			111208n2003 000 0 eng u
035			_a(Sirsi) u122589
100			_aBrewer, G.
245			_aPayment provisions of the Construction Act
260			_c2003
490			_aContract Journal _v418(6423) 24 April 2003, 22(1)
490			_aConstruction News _v(6816) 15 May 2003, 22(1)
520			_aRecent case "Hills Electrical and Mechanical plc v Dawn Construction Ltd" (CSOH, 7 April 2003) raised the issue of the manner in which provisions of the scheme for the construction contracts may be imported into a contract in the event that certain payment provisions of that contract fail to comply with the Housing Grants, Construction and Regeneration Act 1996. When a third party employer became insolvent Hills (H) sued Dawn (D) for the money it claimed it was owed, despite D refusing to pay under a pay when paid clause. H argued the date for payment predated the insolvency. H failed as judge ruled that D had 28 days to pay, not 17 days as would have been correct under s110 of the 1996 Act. Concludes that where a contract fails to provide payment terms in accordance with the requirements of the Act, it is only the relevant provisions of the Scheme for Construction Contracts which will be imported into the subcontract in order to rectify the deficient term.
590			_aABS
650			_aHOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
650			_aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
650			_aPAY-WHEN-PAID CLAUSES
650			_aSCHEME FOR CONSTRUCTION CONTRACTS
650			_aHILLS ELECTRICAL AND MECHANICAL PLC V DAWN CONSTRUCTION LTD
650			_aInsolvency _96247
690			_aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
700			_aCottam, G.
856			_uhttps://www.bailii.org/scot/cases/ScotCS/2003/107.html _zView the judgment free of charge at www.bailii.org
942			_n0
999			_c72849 _d72849