Commentary

85 Contractor’s remedies for default in payment

BUILDING AND ENGINEERING vol 5
| Commentary

85 Contractor’s remedies for default in payment

| Commentary

85 Contractor’s remedies for default in payment

The contractor does not have an implied right at common law to suspend work in protest at the failure to certify1 although it may be entitled under the contract to demand immediate arbitration if the contract administrator declines to make an appropriate adjustment in another certificate or amend the certificate2. In addition, there is a statutory right to suspend performance for non-payment where a notified sum due under a construction contract is not paid by the final date for payment3. The contractor has a statutory duty to give first seven days’ notice of

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