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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13329
Experience:  Solicitor with more than 30 years experience
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I have a question related to construction law are either of

Customer Question

I have a question related to construction law are either of the lawyers available online able to assist with a question?
Submitted: 4 years ago.
Category: Law
Expert:  Senior Partner replied 4 years ago.
Hi Can you explain your question and I will see if I can assist.
Customer: replied 4 years ago.

We have been engaged as a Sub-Consultant by the Lead Consultant (G&T) on a project for a local Council in Scotland. The Lead Consultant is refusing to pay our invoices (despite having a meeting previously with them and agreeing invoice values over a set period of months) citing that the Client is refusing to pay their invoices and so they in turn cannot pay ours. The project is administered under standard terms of contract but we are engaged as a sub-consultant and have no direct link to the Client. I would like to issue a 7 day notice of suspension but would like a view on that.

Expert:  Senior Partner replied 4 years ago.
What form of contract do you have? Are you operating under the scheme of the " construction act" as it is a local authority contract? That process expressly prohibits payment being withheld form you because the main contractor has not for example got a certificate. If Invoice values are agreed and the due date fixed then unless there is a direct linkage under the contract so that you are working on a pay as paid basis. I.e. you only get paid when the contractor gets paid . He has no right to withhold payment and you can suspend.

Refusal by the client to pay is not grounds of withholding your payment.