United Kingdom paymentimplied termsunfair terms

Everwarm Ltd v BN Rendering Ltd

[2019] EWHC 3060 (TCC)

JurisdictionUnited Kingdom

CourtEngland and Wales High Court (Technology and Construction Court)

Year2019

StatusPersuasive authority

Key Principle

A contractual self-certification / at-any-time valuation and recovery clause is enforceable and not rendered void by the Construction Act or UCTA, but its operation is subject to an implied term that the paying party's assessment will not be carried out in an arbitrary, capricious or irrational manner.

Area of Law

General

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