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

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Thu, 2008-05-22 08:36
Skan Bu
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Joined: 29 May 2006
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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?

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Thu, 2008-05-22 18:38
#1
Andrew Flowerdew
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Joined: 14 Dec 2004
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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)
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