5: JUSTIFICATION FOR NON-PAYMENT

88 Abatement

At common law a claim for payment due under a construction contract or sub-contract may be resisted by showing that, because of the claimant’s breach of contract, the work done is not worth the amount claimed1. An employer who could bring evidence of defects in the works2 might thus defeat, at least in part, the contractor’s claim for summary judgment under the Civil Procedure Rules Part 243, even where this is for sums certified as due4. Under the initial payment regime established by the Housing Grants, Construction

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