| Commentary

90 Common law set-off

| Commentary

90 Common law set-off

The defence of common law set-off arises in respect of mutual demands which are capable of being liquidated or ascertained with precision at the time of pleading. If a cross-claim satisfies this test, it may be used as a total or partial defence to the contractor’s claim, even though the two claims are not connected as required for an equitable set-off1. Where the Housing Grants, Construction and Regeneration Act 1996 as amended by the Local Democracy, Economic Development and Construction Act 2009 applies, the payer would only be entitled to rely upon a

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