Introduction The Late Payment of Commercial Debts (Interest) Act 1998 (“the 1998 Act”) entitles suppliers to statutory interest on unpaid commercial debts. Section 1(1) creates an implied term (in a contract to which the 1998 Act applies) that any qualifying debt created by the contract carries simple interest. The 1998 Act…
Introduction The construction industry continues to grapple with commercial protections, such as financial caps on an employer’s liability, and procedural payment mechanisms. This article examines the legal and practical challenges that arise when these seemingly incompatible contractual provisions collide, particularly in the context of letters of intent and interim payment…
Introduction This article examines some key issues encountered in a recent adjudication concerning alleged over-certification by an architect acting as a contract administrator, and the standard of care expected in this role. Standard of care The House of Lords in Sutcliffe v Thackrah [1974] AC 727 established that architects and…
