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The Construction Contracts (Northern Ireland) Order 1997

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Dates for payment

9.—(1) Every construction contract shall—

(a)provide an adequate mechanism for determining what payments become due under the contract, and when, and

(b)provide for a final date for payment in relation to any sum which becomes due.

  • The parties are free to agree how long the period is to be between the date on which a sum becomes due and the final date for payment.

(2) Every construction contract shall provide for the giving of notice by a party not later than 5 days after the date on which a payment becomes due from him under the contract, or would have become due if—

(a)the other party had carried out his obligations under the contract, and

(b)no set-off or abatement was permitted by reference to any sum claimed to be due under one or more other contracts,

specifying the amount (if any) of the payment made or proposed to be made, and the basis on which that amount was calculated.

(3) If or to the extent that a contract does not contain such provision as is mentioned in paragraph (1) or (2), the relevant provisions of the Scheme apply.

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