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SPONSORED EDITORIAL industry solutions


2 BEAT WINTER WEATHER WITH ALLROUNDWORK


Interim Payment:


JACKETS RANGE Te new ALLroundWork jackets and gilets from Snickers are just what the name suggests – delivering a great all-round performance on site with a Ripstop water-resistant outer fabric and a coated inner fabric for extra durability. Tey’re wind-resistant and


all have the features and functionality that you’d expect in Snickers Workwear clothing. Designed for optimum comfort and flexibility when you’re on the move, they’re great-looking working clothes that will keep you feeling comfortable in cold and windy weather. With smart designs and


an ergonomic fit, Snickers Workwear ALLroundWork


garments are packed with must-have features that focus on functionality and freedom of movement as well as using innovative fabrics that delivers long-lasting protection. For more information, got to www. snickersworkwear.co.uk email info@snickersworkwear.co.uk or call 01484 854 788.


4 VENT-AXIA’S PUREAIR BATHROOM SOLUTION MAKES PERFECT SENSE


Vent-Axia’s PureAir Sense is the UK’s only bathroom fan equipped with Odour Sense Technology. Te pioneering design


– nominated for Best Product at this year’s SELECT Awards


– means that whenever the sensor detects a strong smell, the fan speed increases and quickly extracts the odour to help ensure the air always feels fresh. It also features


an adjustable timer


that can be triggered via a switch or a light sensor and a delay-on feature to stop the fan being triggered during the night. Te PureAir Sense is easy to install and is delivered with factory settings that will be perfect for the majority of projects. Tis means the fan install only involves


fitting and no set-up – saving you time on site. For more information, go to


www.vent-axia.com or call 0844 856 0590.


David Hughes: 0131 561 0022 davidh@connectcommunications.co.uk


Appeal Court leaves no milestone unturned By David Wilson


Partner, MacRoberts LLP


Te Court of Appeal’s recent decision in Bennett (Construction) Ltd v CIMC MBS Ltd has looked at the use of “milestone” payments in contracts and produced some useful guidance for contractors. Bennett contracted with


CIMC for the build of 78 prefabricated bedroom units for a London hotel. Te subcontract contained


a total of five milestone payments, payable when a certain percentage of the work was completed. Some of the


milestones required “sign- off” by Bennett. CIMC claimed that


the sign-off requirement did not comply with s.110 of Te Housing Grants, Construction and Regeneration Act 1996 (“the 1996 Act”), which requires that contracts contain “an adequate mechanism for determining what payments become due”. It was argued that the


“sign-off” requirement could allow the contractor to deliberately circumvent the requirement to pay. Ultimately the court found


that the milestone payments did amount to “an adequate payment mechanism”. It noted in particular that the requirement for “sign-


off” should be read objectively, meaning that if the required percentage completion had been achieved, then CIMC would be entitled to payment. What mattered was


whether completion had actually been achieved. If completion had been


achieved, CIMC was entitled to payment regardless of whether Bennett had actually “signed off”. It did not matter that there was no express date for payment because it was clear that the sum was payable when completion was


achieved. What can we take away


from this decision? While it will be heartening


to many that milestone payments have been considered compliant with the 1996 Act, parties should be careful in their use of any provision requiring “sign-off”. In this case, parties were


entirely at odds as to what “sign-off” meant, ultimately resulting in a costly litigation. It is therefore always


sensible to make provisions, particularly in relation to payment, as clear as possible.


● To find out more, email david.wilson@macroberts. com or call 0141 303 1100.


CABLEtalk DECEMBER 2019/JANUARY 2020 49


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