Part II Construction contracts
Payment
I1109 Entitlement to stage payments.
1
A party to a construction contract is entitled to payment by instalments, stage payments or other periodic payments for any work under the contract unless—
a
it is specified in the contract that the duration of the work is to be less than 45 days, or
b
it is agreed between the parties that the duration of the work is estimated to be less than 45 days.
2
The parties are free to agree the amounts of the payments and the intervals at which, or circumstances in which, they become due.
3
In the absence of such agreement, the relevant provisions of the Scheme for Construction Contracts apply.
4
References in the following sections to a payment under the contract include a payment by virtue of this section.