Summary
312.Part 8 of the Act amends Part 2 of the 1996 Act. It is comprised of eight sections, a brief description of which follows:
Section 138 substitutes a new power allowing the Secretary of State and Scottish and Welsh Ministers to disapply any or all of the provisions of Part 2.
Section 139 removes the original limitation of Part 2 to contracts which were in writing;
Section 140 introduces a provision to facilitate the correction of clerical or typographical errors in an adjudicator’s decision;
Section 141 makes an agreement about the allocation of the costs of adjudication ineffective, unless certain conditions apply;
Section 142 addresses the issue of making periodic payments under a construction contract conditional upon obligations under another contract, and the issue of making the date a payment becomes due dependent upon the giving of a notice by the payer of the sum the payer proposes to pay;
Section 143 amends the original provisions relating to the notices which a payer gives of the sum which the payer proposes to pay and introduces provisions relating to the giving of notices by the payee;
Section 144 introduces (in most cases) a statutory requirement to pay sums specified in these notices;
Section 145 amends the original provisions relating to a contractor’s right to stop working when the contractor has not been paid.
