Commentary

86 Payment provisions in sub-contracts

BUILDING AND ENGINEERING vol 5
| Commentary

86 Payment provisions in sub-contracts

| Commentary

86 Payment provisions in sub-contracts

A sub-contractor’s entitlement to be paid is governed by the terms of the sub-contract1. At common law even where an architect’s certificate is a condition precedent to the main contractor’s right to payment, it will not be a condition precedent to the sub-contractor’s right2 unless the sub-contract expressly so provides or the sub-contract incorporates the relevant main contract term3. Some sub-contracts contain ‘pay when paid’ provisions, under which the sub-contractor has no right to be paid until the main contractor receives the relevant sum from the employer; it seems that

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial