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. If one party to a construction contract does work which is 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 and disputes and litigation. It is a complex area of the law with a number of cases, as well as the contractual provisions themselves, prescribing a party's right of set-off. This book clearly describes the law and looks in detail at the provisions of the main building and civil engineering contracts.