Commentary

91 Exclusion of rights of set-off

BUILDING AND ENGINEERING vol 5
| Commentary

91 Exclusion of rights of set-off

| Commentary

91 Exclusion of rights of set-off

At common law there is a presumption that the parties to a construction contract do not intend to abandon those remedies, such as abatement or set-off, which arise by operation of law, and thus clear express words must be used to exclude such remedies1. Where clear words are used, a right of set-off or abatement will be excluded2, although a contract term having this effect may in appropriate circumstances be challenged under the Unfair Contract Terms Act 19773.

A number of standard form sub-contracts sought in the past to impose certain procedural preconditions on the

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