| Commentary

83 Withholding payment

| Commentary

83 Withholding payment

Interim certificates under most modern contracts are regarded as creating a debt due, although an employer can resist the contractor’s claim for summary judgment on such a certificate by raising an arguable defence of set off or abatement1 or a bona fide arguable contention that the certificate contains an overvaluation of the work done2. A paying party under a construction contract subject to the provisions of Part II of the Housing Grants, Construction and Regeneration Act 1996 must pay the amount specified in a payment notice on or before the final date for payment3 but where the

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