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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Can a written construction contract evade statute law

Customer Question

Can a written construction contract evade statute law
Submitted: 5 years ago.
Category: Law
Expert:  James Mather replied 5 years ago.
Can we have background please? Thanks
Customer: replied 5 years ago.

The contract is a construction contract, the employer has issued non payment notices which are in contravention of the construction act (Housing Grants regeneration and Construction Act)1997 and it's recent amendment.
The non payment notices are beyond the period which they should have been issued.

I addition the contract contains a clause which says that the party asking for arbitration has to pay both sides costs irrespective of the outcome of the arbitration , this is specifically not allowed under the amendment to the Construction Act, I understand the amendments came into force on the 31st October 2011

Expert:  James Mather replied 5 years ago.

This is outside my area. I will opt out for another expert. No need for you to do anything. It is now open again to all experts

Customer: replied 5 years ago.

I dont understand is someone looking at this

Expert:  James Mather replied 5 years ago.
Yes, it is now open to all.
Customer: replied 5 years ago.

Is a reply forthcoming

Expert:  James Mather replied 5 years ago.

It is very specialised and bearing in mind that questions on here are usually picked up in minutes, if not seconds, you may be faced with paying the going rate for specialist solicitors. The thread remains open for someone to pick it up and the moderators have been asking people to look at it specifically.

Many statutory provisions can be contracted out of.