Website Upgrade Incoming - we're working on a new look (and speed!) standby while we deliver the project

Tips on using this forum..

(1) Explain your problem, don't simply post "This isn't working". What were you doing when you faced the problem? What have you tried to resolve - did you look for a solution using "Search" ? Has it happened just once or several times?

(2) It's also good to get feedback when a solution is found, return to the original post to explain how it was resolved so that more people can also use the results.

UK: Late Payment of Commercial Debts(Interest) Act 1998

1 reply [Last post]
Skan Bu
User offline. Last seen 14 years 33 weeks ago. Offline
Joined: 29 May 2006
Posts: 118
Groups: None
Hi

I came across a case where the MC pre order MoM & Subcontract clearly state that 0% interest above the base rate shall be payable on any late payment.

Q1) What if the above is a statutory right, does this take precedance?

Q2) If S/C signed subcontract, does this stand?

Q3) What if the MC deliberately not paying on an interim application & at Final account proved the MC to be incorrect?

Q4) What if the MC withheld money against potential rectification of defects but at final account, all defects had been resolved. Can interest be levied?

Q5) Any case law?

Replies

Andrew Flowerdew
User offline. Last seen 3 years 28 weeks ago. Offline
Joined: 14 Dec 2004
Posts: 960
Groups: None
Skan,

Very recent case concerning the Act - don’t know if will help as it’s one on a long list I have still got to read the details of.

RUTTLE PLANT HIRE LIMITED v THE SECRETARY OF STATE FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS[2008] EWHC 730 (TCC)