The danger of linking a final date for payment to the submission of an invoice

Introduction The recent case of Rochford v Kilhan (2020) highlights the importance of ensuring that the final date for payment stated in your construction contract is compliant with Housing, Grants, Construction And Regeneration Act 1996 (often referred to as the Construction Act) and is not in itself conditional on the provision of an invoice. The facts The facts of the case are fairly familiar in the industry – a contractor (Rochford) employed a groundworks subcontractor (Kilhan); works progressed but the...

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