/Docs/G/UK/Construction/Form/0.md
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CodersNote = "value of work" is defined, but used only as "value of any work". I take "works" to mean "work" (in plural), but it seems a needless variation.
Ti = Scheme for Construction Contracts (England and Wales) Regulations 1998/649
Version 1 of 1 =
1 May 1998 - Present =
=
1.Ti = -
=
1.0.sec = Where the parties to a {_relevant_construction_contract} fail to agree—
1.1.sec = the amount of any instalment or stage or periodic payment for any {_work} under the contract, or
1.2.sec = the intervals at which, or circumstances in which, such payments become due under that contract, or
1.3.sec = both of the matters mentioned in sub-paragraphs {1.1.Xnum} and {1.2.Xnum} above,
1.00.sec = the relevant provisions of paragraphs {2.Xnum} to {4.Xnum} below shall apply.
1. = [G/Z/ol-a/s3]
2.Ti = -
2.1.sec = The amount of any payment by way of instalments or stage or periodic payments in respect of a {_relevant_period} shall be the difference between the amount determined in accordance with sub-paragraph {2.2.Xnum} and the amount determined in accordance with sub-paragraph {2.3.Xnum}.
2.2.0.sec = The aggregate of the following amounts—
2.2.1.sec = an amount equal to the {_value_of_any_work} performed in accordance with the {_relevant_construction_contract} during the period from the commencement of the contract to the end of the {_relevant_period} (excluding any amount calculated in accordance with sub-paragraph {2.2.2.Xnum}),
CodersNote = Is "works" meant to be the defined term "work" in plural or to refer to the project?
2.2.2.sec = where the contract provides for payment for materials, an amount equal to the value of any materials manufactured on site or brought onto site for the purposes of the {_works} during the period from the commencement of the contract to the end of the {_relevant_period}, and
2.2.3.sec = any other amount or sum which the contract specifies shall be payable during or in respect of the period from the commencement of the contract to the end of the {_relevant_period}.
2.2. = [G/Z/ol-a/s3]
2.3.sec = The aggregate of any sums which have been paid or are due for payment by way of instalments, stage or periodic payments during the period from the commencement of the contract to the end of the {_relevant_period}.
2.4.0.sec = An amount calculated in accordance with this paragraph shall not exceed the difference between—
2.4.1.sec = the {_contract_price}, and
2.4.2.sec = the aggregate of the instalments or stage or periodic payments which have become due.
2.4. = [G/Z/ol-a/s2]
2. = [G/Z/ol/s4]
3.Ti = -
3.sec = Where the parties to a construction contract fail to provide an adequate mechanism for determining either what payments become due under the contract, or when they become due for payment, or both, the relevant provisions of paragraph {4.Xnum} to {7.Xnum} shall apply.
4.Ti = -
=
4.0.sec = Any payment of a kind mentioned in paragraph {2.Xnum} above shall become due on whichever of the following dates occurs later—
4.1.sec = the expiry of 7 days following the {_relevant_period} mentioned in paragraph {2.1.Xnum} above, or
4.2.sec = the making of a {_claim_by_the_payee}.
4. = [G/Z/ol-a/s2]
Version 3 of 3 =
1 October 2011 - Present =
=
5.Ti = -
5.1.0.sec = The final payment payable under a {_relevant_construction_contract}, namely the payment of an amount equal to the difference (if any) between—
5.1.1.sec = the {_contract_price}, and
5.1.2.sec = the aggregate of any instalment or stage or periodic payments which have become due under the contract,
5.1. = [G/Z/ol-a/s2]
5.2.0.sec = shall become due on {Payment.GracePeriod.cl}{FtNt.1.Xref} —
5.2.1.sec = [the expiry of ]{FtNt.N.Xref} 30 days following completion of the {_work}, or
5.2.2.sec = the making of a {_claim_by_the_payee},
5.2.00.sec = whichever is the later.
5.2. = [G/Z/ol-a/s2]
5. = [G/Z/paras/s2]
Notes =
FtNt.5.sec = Amended by Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011/2333 reg.4(2) (October 1, 2011)
Version 1 of 1 =
1 May 1998 - Present =
=
6.Ti = -
6.0.sec = Payment of the {_contract_price} under a construction contract (not being a {_relevant_construction_contract}) shall become due on
6.1.sec = the expiry of {Payment.Final.DueFollowingCompletion.days} following the completion of the {_work}, or
Payment.Final.DueFollowingCompletion.days = 30 days
6.2.sec = the making of a {_claim_by_the_payee},
6.00.sec = whichever is the later.
=
6. = [G/Z/ol-a/s2]
Note = See the ...
Version 1 of 1 =
1 May 1998 - Present =
7.Ti = -
7.0.sec = Any other payment under a construction contract shall become due
7.1.sec = on the expiry of {Payment.Interim.DueFollowingWork.days} following the completion of the {_work} to which the payment relates, or
Payment.Interim.DueFollowingWork.days = 7 days
7.2.sec = the making of a {_claim_by_the_payee},
7.00.sec = whichever is the later.
7. = [G/Z/ol-a/s2]
Version 1 of 1 =
1 May 1998 - Present =
=
8.Ti =
8.1.sec = Where the parties to a construction contract fail to provide a final date for payment in relation to any sum which becomes due under a construction contract, the provisions of this paragraph shall apply.
8.2.sec = The final date for the making of any payment of a kind mentioned in paragraphs {2.Xnum}, {5.Xnum}, {6.Xnum} or 7, shall be 17 days from the date that payment becomes due.
8. = [G/Z/ol/s2]
Version 2 of 2 =
1 October 2011 - Present =
=
=
England =
[]1 =
9.Ti = — Payment notice
9.Alt1.1.sec = Where the parties to a construction contract fail, in relation to a payment provided for by the contract, to provide for the issue of a payment notice pursuant to section 110A(1) of the Act, the provisions of this paragraph apply.
9.Alt1.2.sec = The payer must, not later than five days after the payment due date, give a notice to the payee complying with sub-paragraph (3).
9.Alt1.3.sec = A notice complies with this sub-paragraph if it specifies the sum that the payer considers to be due or to have been due at the payment due date and the basis on which that sum is calculated.
9.Alt1.4.sec = For the purposes of this paragraph, it is immaterial that the sum referred to in sub-paragraph (3) may be zero.
9.Alt1.5.sec = A payment provided for by the contract includes any payment of the kind mentioned in paragraph {2.Xnum}, {5.Xnum}, {6.Xnum}, or {7.Xnum} above.{FtNt.9.Xref}
9.Alt1. = [G/Z/ol/s5]
Wales =
9.— Payment notice =
9.Alt2.1.sec = Where the parties to a construction contract fail, in relation to a payment provided for by the contract, to provide for the giving of a notice pursuant to section 110A(1) of the Act, the provisions of this paragraph apply.
9.Alt2.2.sec = The payer must, not later than five days after the payment due date, give a notice to the payee complying with sub-paragraph (3).
9.Alt2.3.sec = A notice complies with this sub-paragraph if it specifies the sum that the payer considers to be due or to have been due at the payment due date and the basis on which that sum is calculated.
9.Alt2.4.sec = For the purposes of this paragraph, it is immaterial that the sum referred to in sub-paragraph (3) may be zero.
9.Alt2.5.sec = A payment provided for by the contract includes any payment of the kind mentioned in paragraph {2.Xnum}, {5.Xnum}, {6.Xnum}, or {7.Xnum} above.
9.Alt2. = [G/Z/ol/s5]
9.AltPrompt = Select Alt1 for England, Alt2 for Wales
9.SecName = 9
9. = [G/Z/Alt/2]
Notes =
FtNt.9.sec = Substituted by Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011/2333 reg.4(3) (October 1, 2011)
Version 2 of 2 =
1 October 2011 - Present =
10.Ti = Notice of intention to pay less than the notified sum
10.AltPrompt = Select Alt1 for England, Alt2 for Wales
Note = England
10. Notice of intention to pay less than the notified sum =
=
10.Alt1.sec = Where, in relation to a notice of intention to pay less than the notified sum mentioned in section 111(3) of the Act, the parties fail to agree the prescribed period mentioned in section 111(5), that notice must be given not later than seven days before the final date for payment determined either in accordance with the construction contract, or where no such provision is made in the contract, in accordance with paragraph {8.Xnum} above.{FtNt.10.Xref}
Note = Wales
10. Notice of intention to pay less than the notified sum =
=
10.Alt2.sec = Where, in relation to a notice of intention to pay less than the notified sum given in accordance with section 111(3) of the Act, the parties fail to agree the prescribed period as provided for in section 111(5), that notice must be given not later than seven days before the final date for payment determined either in accordance with the construction contract, or where no such provision is made in the contract, in accordance with paragraph 8 above.
10.SecName = 10
10. = [G/Z/Alt/2]
Notes =
FtNt.10.sec = Substituted by Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011/2333 reg.4(4) (October 1, 2011)
=
Version 1 of 1 =
1 May 1998 - Present =
=
=
11.Ti = -
=
11.0.sec = Where a provision making payment under a construction contract conditional on the payer receiving payment from a third person is ineffective as mentioned in section 113 of the Act, and the parties have not agreed other terms for payment, the relevant provisions of—
11.1.sec = paragraphs {2.Xnum}, {4.Xnum}, {5.Xnum}, {7.Xnum}, {8.Xnum}, {9.Xnum} and {10.Xnum} shall apply in the case of a {_relevant_construction_contract}, and
11.2.sec = paragraphs {6.Xnum}, {7.Xnum}, {8.Xnum}, {9.Xnum} and {10.Xnum} shall apply in the case of any other construction contract.
11. = [G/Z/ol-a/s2]
Version 1 of 1 =
1 May 1998 - Present =
12.Sec = {Def.Sec}
Def.Ti = -
Def.Intro.sec = In this Part of the Scheme for Construction Contracts—
Def.claim_by_the__payee.sec = “{DefT.claim_by_the_payee}” means a written notice given by the party carrying out {_work} under a construction contract to the other party specifying the amount of any payment or payments which he considers to be due and the basis on which it is, or they are calculated;
Def.contract_price.sec = “{DefT.contract_price}” means the entire sum payable under the construction contract in respect of the {_work};
Def.relevant_construction_contract.0.sec = “{DefT.relevant_construction_contract}” means any construction contract other than one—
Def.relevant_construction_contract.1.sec = which specifies that the duration of the {_work} is to be less than 45 days, or
Def.relevant_construction_contract.2.sec = in respect of which the parties agree that the duration of the {_work} is estimated to be less than 45 days;
Def.relevant_construction_contract. = [G/Z/ol-a/s2]
Def.relevant_period.sec = “{DefT.relevant_period}” means a period which is specified in, or is calculated by reference to the construction contract or where no such period is so specified or is so calculable, a period of 28 days;
Def.value_of_work.sec = “{DefT.value_of_work}” means an amount determined in accordance with the construction contract under which the {_work} is performed or where the contract contains no such provision, the cost of any {_work} performed in accordance with that contract together with an amount equal to any overhead or profit included in the {_contract_price};
Def.work.sec = “{DefT.work}” means any of the work or services mentioned in section 104 of the Act.
Def.sec = {Def.Intro.sec}
Def. = [G/Z/Base]
= [G/Z/ol/12]
Seem to be paragraph titles for some paragraphs, where England/Wales, but not for others. =
1.Xnum = 1
2.Xnum = 2
3.Xnum = 3
4.Xnum = 4
5.Xnum = 5
6.Xnum = 6
7.Xnum = 7
8.Xnum = 8
9.Xnum = 9
10.Xnum = 10
11.Xnum = 11
12.Xnum = 12
1.1.Xnum = {1.Xnum}.a
1.2.Xnum = {1.Xnum}.b
2.1.Xnum = {2.Xnum}.1
2.2.Xnum = {2.Xnum}.2
2.3.Xnum = {2.Xnum}.3
2.2.2.Xnum = {2.2.Xnum}.b
CodersNote = Defined terms:
_relevant_construction_contract = relevant construction contract
_work = work
_relevant_period = relevant period
_value_of_work = value of work
_value_of_any_work = value of any work
_works = works
_contract_price = contract price
_claim_by_the_payee = claim by the payee
Def.claim_by_the_payee = {_claim_by_the_payee}
Def.contract_price = {_contract_price}
Def.relevant_construction_contract = {_relevant_construction_contract}
Def.relevant_period = {_relevant_period}
Def.value_of_work = {_value_of_work}
Def.work = {_work}
CodersNote = We null out the footnotes. They can be found here in the source.
FtNt.1.Xref =
FtNt.N.Xref =
FtNt.9.Xref =
FtNt.10.Xref =