Part II Construction contracts
Payment
109 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 F1provided for by the contract include a payment by virtue of this section.