Set-off in the Construction Industry
If one party to a construction contract does work that turns out to be defective, the other party is allowed by law to 'set off' or deduct a sum required to make good that defect. This happens frequently in construction contracts and regularly involves large sums of money, disputes, and litigation. It is a complex area of the law with a number of cases, as well as the contractual provisions themselves, which prescribe a party's right of set-off. This book clearly describes the law and examines the provisions of the main building and civil engineering contracts.
The nature and history of set-off; Express set-off provisions and adjudication; Order 14 and Order 29 applications and set-off; Set-off clauses from selected standard forms of sub-contract
Neil F. Jones, LLB, FCIArb is a practising solicitor with the national law firm, Pinsents. He is a well known figure in the industry and was founding member of the highly successful niche construction firm, Neil F. Jones. He is a Council member of the Joint Contracts Tribunal and is Chairman of its Drafting Sub-Committee. He is also the retained Legal Advisor to the Local Government Association's Procurement Panel. His book on the JCT Intermediate Form of Contract is also published by Blackwell Publishing.
