Provisions Depicted In The Statute Samples †MyAssignmenthelp.com

Question: Discuss about the Provisions Depicted In The Statute. Answer: Issue: The issue in this case study is regarding the fact that whether Jill can suspend the contract according to the provisions depicted in the statute. Rule: According to Section 112 of the Housing Grants and Regeneration Act 1996 (HGCRA) the contractor possesses the right to suspend the work if the payment is due on the part of the payee i.e. the payee has not completed the payment[1]. In this regard, clause 4.14 of JCT SBC/Q 2011 can be referred which acts parallel to the (HGCRA) which permits the contractor to suspend the performance of his liability, if the due payment is not made by the employer before or on the completion of the final date under the contract[2]. However, if the employer failed in his part to make the final payment and do not provide remedy to the incident after the Contractor served a seven day notice of intention to suspend the work, then in such cases, the provisions of notice allows the Contractor to take necessary steps to solve the dispute. In Mayhaven Healthcare Ltd v Bothma [2009] EWHC 2634 (TCC)[3], it was observed that the work was suspended by Bothma who was a contractor, due to non-payment on the part of the employer. Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC) amended the (HGCRA) 1996 to reinforce rights for the contractors in order to suspend contract for non-payment. Application: It can be observed that the contract was amended by Jack with an agreement with Jill. As mentioned in the contract, a 30 day noticed has to be provided by the contractor before suspending the work. Therefore it can be advised to Jill that she should act according to the provisions of the contract in order to avoid breach of contract. However, if Jill intends to serve 7 days notice to Jack and enter into dispute, then in such cases the courts will be at the authority to decide that how Jill can recover her interests based on the provisions of JCT SBC/Q 2011, HGCRA and LDEDC. Conclusion: Jill can suspend the contract according to the provisions of the abovementioned Acts. Bibliography: El-adaway, Islam, et al. "Administering extension of time under national and international standard forms of contracts: A contractors perspective."Journal of Legal Affairs and Dispute Resolution in Engineering and Construction8.2 (2016): 04516001. Hinchey, John. "Dispute Resolution."Advice from Those Whove Been There, Done That(2013): 229. Mayhaven Healthcare Ltd v Bothma [2009] EWHC 2634 (TCC).