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The Scheme for Construction Contracts (England and Wales) Regulations 1998

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Prohibition of conditional payment provisions

11.  Where a provision making payment under a construction contract conditional on the payer receiving payment from a third person is ineffective as mentioned in section 113 of the Act, and the parties have not agreed other terms for payment, the relevant provisions of—

(a)paragraphs 2, 4, 5, 7, 8, 9 and 10 shall apply in the case of a relevant construction contract, and

(b)paragraphs 6, 7, 8, 9 and 10 shall apply in the case of any other construction contract.

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