ABSTRACT

This chapter presents some questions that are helpful for the construction professionals of all kinds who frequently need legal advice that is straightforward as well as authoritative and legally rigorous. The right to suspend performance of obligations under the contract is contained in section 112 of the Housing Grants, Construction and Regeneration Act 1996. Section 111(1) requires that, subject to various provisions (such as pay less notices), sums provided for in construction contracts must be paid on or before the final date for payment. Architects do not usually register satisfaction until they issue the final certificate, which is conclusive about those things for which the architect's satisfaction or approval is required. Each contract states that the architect must issue the interim certificate not later than five days after the due date. If the architect fails to issue the interim certificate within the five days, the application becomes the payment notice.