Legal articles

Retention: what does your sub-contract say?

Many people are familiar now with the effect of clause 110 of the Housing Grants, Construction and Regeneration Act 1996 (“the Construction Act”). Under this clause, every construction contract must include an adequate mechanism for determining what payments become due under the contract - and when - and provide for a final date for payment in relation to any sum which becomes due.

No waiver clauses called into question by Court of Appeal

The Court of Appeal has thrown into doubt the effectiveness of no waiver clauses in a commercial case with potentially far reaching ramifications. No waiver clauses are a very common feature of the ‘boilerplate’ provisions in commercial contracts and as such they appear in a huge number and variety of agreements. Until very recently there has been little court authority on the enforceability of no waiver clauses.
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