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Commentary

79 Entire contracts

BUILDING AND ENGINEERING vol 5
| Commentary

79 Entire contracts

| Commentary

4: ENTITLEMENT TO PAYMENT

79 Entire contracts

An entire contract is one which, properly construed, makes the complete fulfilment of the contractor’s obligations a condition precedent to the employer’s obligation to pay1. The option to award entire contracts is now severely restricted due to the requirement of the Housing Grants, Construction and Regeneration Act 1996 that all construction contracts, where it is estimated or specified that the duration of the work is 45 days or over, should include a right to interim payment2. However, the parties are still free to agree the amount and interval of such payments and could therefore

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