We are working as a sub-contractor, in a JCT standard Building Contract (without quantities) 2011 edition. Can the main contractor legally deduct 5% retention from us if the retention provision within the main contract between the client/employer and the main contractor is only 3%?
We only received an order letter stating the main contract terms and conditions a month after we commenced work on site, we have not signed any contract.
Does this mean we are able to reject the main contractors unfair retention clause as it was not mmade clear to us before starting work on site.
Yes. You are ONLY bound by terms and conditions (if any) were agreed (or signed) at the time of placing the Order. Any terms after the order was placed can not be binding.
Does this help?
Yes, thank you